RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of February 27, 2024 No. 130

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

Based on subitem 1.3 of Item 1 of the Presidential decree of the Republic of Belarus of November 17, 2011 No. 528 "About complex nature protection permissions", paragraph two of subitem 9.1 of Item 9 of the Rules of maintaining hunting economy approved by the Presidential decree of the Republic of Belarus of March 21, 2018 No. 112, of part one of Item 2 of the Presidential decree of the Republic of Belarus of June 25, 2021 No. 240 "About the ministerial procedures performed concerning subjects of managing", subitem 1.21 of Item 1 of Article 27 and Item 6 of article 99 of the Code of the Republic of Belarus on the earth, paragraphs two and the sixth subitem 1.3 of Item 1 of article 11 of the Water code of the Republic of Belarus, the paragraph of the seventh of article 6 of the Law of the Republic of Belarus of November 12, 2001 No. 56-Z "About protection of ozone layer", the paragraph of the eighth of article 12 of the Law of the Republic of Belarus of June 14, 2003 No. 205-Z "About flora" Item 2 of article 55 of the Law of the Republic of Belarus of July 10, 2007 No. 257-Z "About fauna", paragraphs of the third and fourth of article 25 of the Law of the Republic of Belarus of July 23, 2008 No. 424-Z "About Council of Ministers of the Republic of Belarus", the paragraph of the eighth of article 12 of the Law of the Republic of Belarus of May 26, 2012 "About legal regime of the territories which underwent to radioactive pollution as a result of catastrophic crash on the Chernobyl NPP" of subitem 1.6 of Item 1 of article 12 of the Law of the Republic of Belarus of December 18, 2019 No. 272-Z "About protection and use of peat bogs" and in pursuance 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" the Council of Ministers of the Republic of Belarus DECIDES: No. 385-Z

1. Make changes to resolutions of Council of Ministers of the Republic of Belarus according to appendix 1.

2. Recognize invalid resolutions of Council of Ministers of the Republic of Belarus according to appendix 2.

3. This resolution becomes effective since April 26, 2024.

 

Appendix 1

to the Resolution of Council of Ministers of the Republic of Belarus of February 27, 2024 No. 130

The list of the changes made to resolutions of Council of Ministers of the Republic of Belarus

1. In the resolution of Council of Ministers of the Republic of Belarus of July 14, 2003 No. 949 "About the National monitoring system of the environment in the Republic of Belarus":

in word preamble of "the paragraph of the eighteenth of Article 9" shall be replaced with words "Item 2 of Article 48";

state Item 2 in the following edition:

"2. Approve Regulations on procedure for maintaining the National monitoring system of the environment in the Republic of Belarus it (is applied).";

to exclude from Item 6 of the word "in the procedure established by the legislation";

in the Regulations on the National monitoring system of the environment in the Republic of Belarus approved by this resolution:

state the name in the following edition:

"Regulations on procedure for maintaining the National monitoring system of the environment in the Republic of Belarus";

in Item 1:

"the organizations and functioning" to replace words with the word of "maintaining";

after the word "circles" to add Item with the words "in the Republic of Belarus";

to exclude from paragraph one of Item 2 of the word "organizational and independent and carried out on the general principles";

in Item 3:

the paragraph one to state in the following edition:

"3. Carrying out the types of monitoring of the environment specified in Item 2 this provision (further – types of monitoring of the environment), as a part of HCMOC is performed on basis:";

exclude paragraph two;

in paragraph five:

replace the word "circles" with the word "environments *";

add the paragraph with the interlinear note of the following content:

"______________________________

* For the purposes of this provision the Item of observations of state of environment of HCMOC is understood as the territory, construction, part of the water area in which visual observations, sampling, tool and other measurements providing determination of the parameters characterizing condition of components of the environment, types of technogenic impact within monitoring of the environment are made.";

to exclude from the paragraph of the sixth word "in the procedure established by the legislation";

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

"access of state bodies, other legal entities, physical persons, including individual entrepreneurs, to ecological information;";

in item 4:

in paragraph one of the word "Realization of the General Principles of Carrying Out" to replace with the word "Carrying out";

word in paragraph eight to "other state organizations, other legal entities and citizens" shall be replaced with words to "other legal entities, physical persons, including individual entrepreneurs";

in paragraph one of Item 5 of the word "The organization and coordination of functioning" shall be replaced with words "Maintaining coordination";

add the Provision with Item 5-1 of the following content:

"5-1. The procedure for maintaining the state register of Items of observations of HCMOC is determined by the Ministry of Natural Resources and Environmental Protection.";

state Items 6-9 in the following edition:

"6. Carrying out types of monitoring of the environment as a part of HCMOC is performed:

The Ministry of Natural Resources and Environmental Protection regarding monitoring of atmospheric air, monitoring of surface water, monitoring of underground waters, radiation monitoring of soils, atmospheric air and water objects;

The Ministry of Education regarding monitoring of ozone layer;

National academy of Sciences of Belarus regarding monitoring of flora, monitoring of fauna, geophysical monitoring, complex monitoring of natural ecological systems in especially protected natural territories and complex monitoring of peat bogs;

The ministry of forestry regarding monitoring of the woods, radiation monitoring of forest fund;

The Ministry of Agriculture and Food regarding radiation monitoring of farmlands;

The state committee on property regarding monitoring of lands;

legal entities and individual entrepreneurs regarding local monitoring.

7. HCMOC interacts with social and hygienic monitoring and monitoring system and forecasting of emergency situations of natural and technogenic nature regarding exchange of ecological information which is performed on a grant basis according to the procedure, determined by the Ministry of Natural Resources and Environmental Protection together with the Ministry of Health and the Ministry of Emergency Situations.

8. For the purpose of the organization and carrying out types of monitoring of the environment as a part of HCMOC, ensuring collection, storage, processing, data analysis of monitoring of the environment, provision of the ecological information obtained as a result of carrying out types of monitoring of the environment, republican state bodies and National academy of Sciences of Belarus determine information and analysis centers of types of monitoring of the environment from among the organizations subordinated to them.

9. The Ministry of Natural Resources and Environmental Protection provides collection, storage, processing and provision to the generalized ecological information obtained within HCMOC, and also the ecological information arriving within exchange of ecological information with social and hygienic monitoring and monitoring system and forecasting of emergency situations of natural and technogenic nature. For this purpose the Ministry determines from among the organizations subordinated to it the HCMOC main information and analysis center.";

in Item 10:

to add part one after the word of "center" with the word "HCMOC";

in word part two to "other state organizations, other legal entities and citizens" shall be replaced with words to "other legal entities, physical persons, including individual entrepreneurs";

"center" to add Item 11 after the word with the word "HCMOC";

state Item 12 in the following edition:

"12. Provision of information of HCMOC to state bodies, other legal entities, physical persons, including individual entrepreneurs, and also its distribution are performed according to the legislation on environmental protection and rational use of natural resources, the legislation on information, informatization and information security.";

"legislation" to add Item 14 after the word with the words "about environmental protection and rational use of natural resources";

in Item 15:

"the organizations and functioning" to replace words with the word of "maintaining";

words", including republican fund of conservation" and Republic of Belarus to exclude.

2. In the resolution of Council of Ministers of the Republic of Belarus of July 21, 2003 No. 963 "About some questions of control in the field of environmental protection, the rational use of natural resources performed by the Ministry of Natural Resources and Environmental Protection and its territorial authorities":

state the name in the following edition:

"About the control in the field of environmental protection, rational (steady) use of natural resources performed by the Ministry of Natural Resources and Environmental Protection and its territorial authorities";

to state preamble and Item 1 in the following edition:

"Based on Item 2 of article 95 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

1. Establish the list of officials of the Ministry of Natural Resources and Environmental Protection and its territorial authorities having the right to exercise control in the field of environmental protection, rational (steady) use of natural resources, according to appendix.";

exclude Items 2 and 4;

add the resolution with appendix it (is applied).

3. In the resolution of Council of Ministers of the Republic of Belarus of February 16, 2004 No. 161 "About approval of the Regulations on procedure for carrying out as a part of the National monitoring system of the environment in the Republic of Belarus of monitoring of ozone layer and use of its data":

state the name in the following edition:

"About procedure for carrying out monitoring of ozone layer and use of its data";

to state preamble and Item 1 in the following edition:

"Based on Item 5 of article 49 of the Law of the Republic of Belarus of November 26, 1992 No. 1982-XII "About environmental protection", the paragraph of the seventh of Article 6 and part two of article 18 of the Law of the Republic of Belarus of November 12, 2001 "About protection of ozone layer" the Council of Ministers of the Republic of Belarus DECIDES: No. 56-Z

1. Approve Regulations on procedure for carrying out monitoring of ozone layer and use of its data it (is applied).";

in Regulations on the procedure for carrying out as a part of the National monitoring system of the environment in the Republic of Belarus of monitoring of ozone layer and use of its data approved by this resolution:

state the name in the following edition:

"Regulations on procedure for carrying out monitoring of ozone layer and use of its data";

to exclude from Item 1 of the word "as a part of the National monitoring system of the environment in the Republic of Belarus";

state Item 2 in the following edition:

"2. Monitoring of ozone layer is type of monitoring of the environment and is carried out as a part of the National monitoring system of the environment in the Republic of Belarus according to this Provision and other acts of the legislation in the field of environmental protection, rational (steady) use of natural resources.";

exclude item 4;

state Item 5 in the following edition:

"5. Carrying out monitoring of ozone layer performs the Ministry of Education, including through the organizations subordinated to it.";

in the third offer of Item 6 of the word "the Republics" shall be replaced with words circles "environments in the Republic";

state Items 8-10 in the following edition:

"8. Collection, storage, processing, data analysis of monitoring of ozone layer, provision of the ecological information obtained as a result of carrying out monitoring of ozone layer are performed by the information and analysis center of monitoring of ozone layer determined by the Ministry of Education from among the organizations subordinated to it.

The information and analysis center of monitoring of ozone layer gratuitously provides in the main information and analysis center of the National monitoring system of the environment in the Republic of Belarus quarterly no later than the 15th following reporting quarter the generalized ecological information obtained as a result of carrying out monitoring of ozone layer.

9. The ecological information created as a result of carrying out monitoring of ozone layer joins in the register of ecological information on state of environment and impact on it.

10. Provision of the ecological information obtained as a result of carrying out monitoring of ozone layer, to state bodies, other legal entities, physical persons, including individual entrepreneurs, and also its distribution are performed according to the legislation on environmental protection and rational use of natural resources, the legislation on information, informatization and information security.".

4. In the resolution of Council of Ministers of the Republic of Belarus of April 14, 2004 No. 412 "About approval of regulations on procedure for carrying out as a part of the National monitoring system of the environment in the Republic of Belarus of monitoring of flora, geophysical monitoring and use of their data":

state the name in the following edition:

"About procedure for carrying out monitoring of flora and geophysical monitoring and use of their data";

to state preamble and Item 1 in the following edition:

"Based on Item 5 of article 49 of the Law of the Republic of Belarus of November 26, 1992 No. 1982-XII "About environmental protection", the paragraph of the eighth of Article 12 and part three of article 67 of the Law of the Republic of Belarus of June 14, 2003 "About flora" the Council of Ministers of the Republic of Belarus DECIDES: No. 205-Z

1. Approve:

Regulations on procedure for carrying out monitoring of flora and use of its data (are applied);

The regulations on procedure for carrying out geophysical monitoring and use of its data (are applied).";

in Regulations on the procedure for carrying out within the National monitoring system of the environment in the Republic of Belarus of monitoring of flora and use of its data approved by this resolution:

from the name and Item 1 of the word "within the National monitoring system of the environment in the Republic of Belarus" to exclude;

state Item 2 in the following edition:

"2. Monitoring of flora is type of monitoring of the environment and is carried out as a part of the National monitoring system of the environment in the Republic of Belarus according to this Provision and other acts of the legislation in the field of environmental protection, rational (steady) use of natural resources.";

exclude item 4;

Item 5 in paragraph one the word is "performed" to be replaced with the word carried out";

state Item 6 in the following edition:

"6. The organization and carrying out monitoring of flora are performed by National academy of Sciences of Belarus (further – NAS of Belarus), including through the organizations subordinated to it.";

the second offer of Item 8 to state in the following edition: "Items of observations of monitoring of flora join in the state register of Items of observations of the National monitoring system of the environment in the Republic of Belarus.";

state Items 10-12 in the following edition:

"10. Collection, storage, processing, data analysis of monitoring of flora, provision of the ecological information obtained as a result of carrying out monitoring of flora are performed by the information and analysis center of monitoring of flora determined by NAS of Belarus from among the organizations subordinated to it.

The information and analysis center of monitoring of flora gratuitously provides in the main information and analysis center of the National monitoring system of the environment in the Republic of Belarus annually till February 1 of the year following for reporting the generalized ecological information obtained as a result of carrying out monitoring of flora.

11. The ecological information created as a result of carrying out monitoring of flora joins in the register of ecological information on state of environment and impact on it.

12. Provision of the ecological information obtained as a result of carrying out monitoring of flora, to state bodies, other legal entities, physical persons, including individual entrepreneurs, and also its distribution are performed according to the legislation on environmental protection and rational use of natural resources, the legislation on information, informatization and information security.";

in Regulations on the procedure for carrying out as a part of the National monitoring system of the environment in the Republic of Belarus of geophysical monitoring and use of its data approved by this resolution:

from the name and Item 1 of the word "as a part of the National monitoring system of the environment in the Republic of Belarus" to exclude;

state Item 2 in the following edition:

"2. Geophysical monitoring is type of monitoring of the environment and is carried out as a part of the National monitoring system of the environment in the Republic of Belarus according to this Provision and other acts of the legislation in the field of environmental protection, rational (steady) use of natural resources.";

state item 4 in the following edition:

"4. Carrying out geophysical monitoring is performed by National academy of Sciences of Belarus (further – NAS of Belarus), including through the organizations subordinated to it.";

the second offer of Item 7 to state in the following edition: "Items of observations of geophysical monitoring join in the state register of Items of observations of the National monitoring system of the environment in the Republic of Belarus.";

state Items 8-11 in the following edition:

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