RESOLUTION OF THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION OF THE REPUBLIC OF BELARUS

of March 27, 2006 No. 19

About some questions of carrying out environmental audit

List of amending documents

According to article 97 of the Law of the Republic of Belarus of November 26, 1992 "About environmental protection" in edition of the Law of the Republic of Belarus of July 17, 2002 and the resolution of Council of Ministers of the Republic of Belarus of January 17, 2006 "About entering of amendments and changes into resolutions of Council of Ministers of the Republic of Belarus of October 31, 2001 No. 1586 and of October 20, 2003 No. 1371" the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus DECIDES: No. 48

1. Approve enclosed:

Rules of carrying out environmental audit;

Rules of certification of the ecological auditor;

Rules of submission of the conclusion about carrying out environmental audit;

Rules of submission of the reporting on carrying out environmental audit.

2. This resolution becomes effective since June 1, 2006.

 

Approved by the Resolution of the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus of March 27, 2006 No. 19

Rules of carrying out environmental audit

1. Rules of carrying out environmental audit (further - Rules) are developed according to article 97 of the Law of the Republic of Belarus of November 26, 1992 "About environmental protection" in edition of the Law of the Republic of Belarus of July 17, 2002 (Vedamasts, Vyarkhochnaga Saveta Respubl, to, Belarus, 1993, No. 1, Art. 1; The National register of legal acts of the Republic of Belarus, 2002, No. 85, 2/875), Regulations on licensing of the activities connected with use of natural resources and impact on the environment approved by the resolution of Council of Ministers of the Republic of Belarus of October 20, 2003 No. 1371 (The national register of legal acts of the Republic of Belarus, 2003, No. 121, 5/13251), govern the relations arising between participants of environmental audit and establish:

unity of the principles and requirements when carrying out environmental audit in the territory of the republic;

the rights, obligations and responsibility of environmental auditing organizations and ecological auditors, the legal entities and physical persons which are customers of environmental audit or the ecoaudited subjects;

procedure for carrying out environmental audit.

2. In these rules the following basic concepts and their determinations are applied:

the customer of environmental audit - the legal entity or the individual entrepreneur, his founder, the owner of property who ordered and paid expenses for carrying out environmental audit or the state body which made the decision on carrying out environmental audit in accordance with the established procedure;

the ecoaudited subject - the legal entity or the individual entrepreneur concerning whom environmental audit is booked;

environmental auditing organization - the legal entity or the individual entrepreneur having permission (license) for carrying out environmental audit (further - ecoauditing organization);

the ecological auditor (further - the ecoauditor) - the physical person having the higher education and length of service in the field of environmental protection at least five years, the certificate of the ecological auditor issued in established by the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus (further - Ministry for Protection of the Environment and Natural Resources) procedure.

3. Environmental audit is booked for the purpose of:

ensuring environmental protection and rational environmental management;

improvement of quality of nature protection activities of the legal entities and individual entrepreneurs performing economic and other activity;

estimates of economic and other activity of the ecoaudited subject, dangers of its objects and damage suffered to the environment;

determinations of opportunities and directions of follow-up activity of the ecoaudited subject in the specific territory and need of implementation of actions for recovery of the environment.

4. Objects of environmental audit are:

the environment in borders of the sanitary protection zone of objects of the ecoaudited subject in the course of which activities impact on the environment is made;

economic and other activity, and also constructions, productions, workshops and other objects which operation makes or can make impact on state of environment;

documentation of the ecoaudited subject (project, technical, technological, operational, etc.);

business plans of investment projects when carrying out upgrade or reconstruction of the operating production, and also during creation of new production and annual business plans of development of economic and other activity in case of which there is probability of emergence of environmental risk;

other objects connected with environmental protection, use of natural resources, providing ecological safety.

Object of environmental audit are not the accounting (financial) records.

Environmental audit does not include conducting environmental assessment of the project documentation.

5. Environmental audit is booked:

without fail in the cases provided by legal acts;

in initiative procedure according to the decision of the customer of the environmental audit determining the purposes, orientation and objects of environmental audit.

6. Environmental audit is booked in shape:

general environmental audit, that is in the form of complex check of impacts on the environment of all directions of economic and other activity of the ecoaudited subject connected with environmental management and environmental protection;

specialized environmental audit, that is in the form of check of impacts on separate components of the environment of all directions of economic and other activity of the ecoaudited subject connected with environmental management and environmental protection.

7. Ecoaudit is carried out in type:

checks of state of environment in borders of the sanitary protection zone of objects of the ecoaudited subject in the course of which activities impact on the environment is made;

checks on compliance to requirements of the legislation in the field of environmental protection of economic and other activity of the ecoaudited subject, and also constructions, productions, workshops and other objects which operation makes or can make impact on state of environment;

verifications of documentation (project, technical, technological, operational, etc.) on compliance to the legislation in the field of environmental protection;

checks of compliance of investment projects to the legislation in the field of environmental protection;

estimates of possibility of emergency situations of natural and technogenic nature;

estimates of the harm done to the environment.

8. The environmental auditing organization shall have:

license for carrying out environmental audit;

the list of the directions concerning which the licensee books environmental audit;

at least three certified ecological auditors;

the non-residential premise conforming to sanitary and hygienic, fire-proof, other requirements of technical regulatory legal acts;

technical means, including the equipment and the tools necessary for carrying out environmental audit according to regulatory legal acts and technical regulatory legal acts;

the staticized database of legal information in the field of environmental protection and use of natural resources;

book of notes and offers;

agreements on the carrying out environmental audit and other documents confirming the fact of its carrying out according to the legislation;

the book of registration of agreements numbered, strung together by ecoauditing organization, under seal ecoauditing organization and administrative organ in the location of ecoauditing organization;

the magazine of briefing on labor protection and safe engineering;

the local legal acts approved by the head of ecoauditing organization regulating procedure:

carrying out environmental audit and customer relation of environmental audit;

internal control behind carrying out environmental audit by ecoauditors;

informing customers of environmental audit on activities of ecoauditing organization and ecoauditors;

considerations of claims of the customer of environmental audit;

ensuring confidentiality of information obtained by ecoauditors when carrying out environmental audit;

ensuring labor protection and safe engineering of the ecoauditors working at the ecoaudited objects.

9. The ecoauditor has the right to book environmental audit as the individual entrepreneur or as the employee of ecoauditing organization.

10. The ecoauditing organization shall provide each ecoauditor and the technical expert involved to carrying out environmental audit, the identification plastic card which is the document certifying its powers and shown upon the demand of the customer of environmental audit and (or) the ecoaudited subject or officials of state bodies which within the competence control carrying out environmental audit.

11. The ecoauditing organization shall assist the licensing body - Ministry for Protection of the Environment and Natural Resources in realization of its functions for the purpose of development and enhancement of the relations in the field of activities for carrying out environmental audit as follows:

not interfere with authorized officers of the licensing body in conducting checks of activities of ecoauditing organization, receipt of information access, stipulated by the legislation, on the booked environmental audits;

represent to officials of the licensing body documents, necessary for conducting checks, the reliable information relating to carrying out environmental audit including written explanations on the questions arising during conducting check fulfill legal orders or requirements of the specified officials in case of execution of office powers by them;

annually till January 20 of the year following reporting to provide information on the activities in the licensing body for the reporting form approved by it;

without delay to inform the licensing body on emergence of the circumstances attracting cancellation or suspension of action of the license, cancellation of the certificate of the ecological auditor.

12. For the purpose of state regulation of environmental audit in the Republic of Belarus the licensing body - Ministry for Protection of the Environment and Natural Resources performs maintaining registers:

the certified ecoauditors in the different directions of carrying out environmental audit;

the organizations which obtained the license for carrying out environmental audit;

accredited organizations of education on preparation and advanced training of ecoauditors.

Ministry for Protection of the Environment and Natural Resources performs submission of information to all interested persons.

13. Carrying out environmental audit is based on the following principles:

objectivity and independence of the ecoauditor of the customer of environmental audit, owners and heads of ecoauditing organizations and any third party, including the state bodies which charged carrying out environmental audit;

competence of the ecoauditor of questions of environmental protection, environmental management and specifics of economic and other activity of the customer of environmental audit and (or) the ecoaudited subject;

preserving by the ecoauditor of confidentiality of information obtained when carrying out environmental audit, its nondisclosure without the permission of the customer of environmental audit except cases when economic and other activity of the ecoaudited subject attracts to emergence of environmental risk and constitutes danger to the environment;

reliability and completeness of information in the field of the environmental protection and environmental management provided to the ecoauditor by the customer of environmental audit and (or) the ecoaudited subject;

responsibility of the ecoauditor for results performed objects of the ecoaudited subject in the limits set by the legislation;

responsibility of the customer of environmental audit for correctness of determination of the purposes and tasks of environmental audit, for effects of accomplishment (failure to carry out) of offers and recommendations about results of the booked environmental audit, and also for providing the necessary conditions for carrying out environmental audit stipulated in the contract for carrying out environmental audit.

Impact in any form on ecoauditing organization, her workers, and also on the ecoauditor for the purpose of hindrance is forbidden to carrying out substantive environmental audit.

14. When carrying out environmental audit the ecoauditing organization provides:

creation of the questionnaire for the customer and (or) the audited subject on submission of documentation and information on objects of environmental audit;

preparation of the draft agreement on carrying out environmental audit, the organization of its signing and control of its execution;

the organization and negotiation with the customer of environmental audit or person authorized by it;

the organization of collection and carrying out the analysis of the documents submitted by the customer of environmental audit and (or) the audited subject;

scheduling of carrying out environmental audit at the ecoaudited subject, including the situational verification plan in case of inspection of objects of the customer the area of more than 10 hectares providing the sequence of works as each ecoauditor and directed to rational use of working hours;

decision making about need of involvement of the analytical laboratory accredited on compliance to criteria of accreditation system of testing and test laboratories of the Republic of Belarus on independence and (or) technical competence and in accordance with the established procedure registered by Ministry for Protection of the Environment and Natural Resources, for assessment of impact of economic and other activity of the ecoaudited subject on state of environment (further - analytical laboratory);

decision making about attraction on contractual basis according to the legislation of the technical experts having the corresponding qualification for consultations and check of the single questions when carrying out environmental audit requiring special knowledge in the field of construction, power, the industry and other industries of economy;

attraction when carrying out environmental audit on contractual basis according to the legislation as technical experts of the highly qualified specialists who do not have the certificate of the ecological auditor for consultations on special questions in the field of construction, power, the industry and other industries of economy;

carrying out environmental audit at the ecoaudited subject according to the plan of carrying out environmental audit;

preparation of written information by each ecoauditor on results of environmental audit according to distribution of obligations according to the plan of carrying out environmental audit;

(daleeotcht) preparation of the report on carrying out environmental audit;

preparation of recommendations about elimination of the revealed violations and shortcomings;

preparation of suggestions for improvement of nature protection activities;

assessment of damage caused to certain component of the environment (carrying out calculation of the amounts which are subject to collection from the ecoaudited subject according to claims and claims for exceeding of standard rates of impact on the environment);

preparation of the conclusion of ecoauditing organization about carrying out environmental audit (further - the ecoconclusion);

decision making about availability of environmental risk, danger to the environment and need of informing the interested state bodies;

other legally significant actions.

Rules of submission of the reporting on carrying out environmental audit and the rule of submission of the conclusion about carrying out environmental audit are established by Ministry for Protection of the Environment and Natural Resources.

15. Creation of obviously false ecoconclusion by ecoauditing organization attracts cancellation at ecoauditing organization of the license for carrying out environmental audit, and for person which signed such ecoconclusion, also cancellation of the certificate of the ecological auditor.

Obviously false conclusion of environmental auditing organization is understood as the ecoconclusion constituted without carrying out environmental audit or not corresponding to results of carrying out environmental audit.

16. The ecoauditing organization after the end of carrying out environmental audit can provide additional services in development of decisions and accomplishment of actions for increase in ecological safety of productions of the ecoaudited subject on the basis of in addition signed agreement.

17. For non-execution and (or) improper execution of these rules the ecoauditing organization, her officials, and also ecoauditors bear the disciplinary, civil, administrative and criminal liability provided by legal acts.

18. The customer of environmental audit independently chooses ecoauditing organization for carrying out environmental audit.

19. Environmental audit shall not be booked:

ecoauditing organization which heads, ecoauditors and other officials are founders (participants, owners of property), officials of the customer of environmental audit and (or) the ecoaudited subject or consist in close relationship or property with specified persons;

ecoauditing organization and (or) ecoauditors concerning the customer of environmental audit and (or) the ecoaudited subjects (its affiliated organizations, and also the branches and representations) which are her founders (participants, owners of property) and also the founder (the participant, the owner of property) of which is this ecoauditing organization and (or) the ecoauditor, or the general founders (participants, owners of property) having with this ecoauditing organization;

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