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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of July 11, 2007 No. 594

About approval of Rules of import, export and transit of waste

(In edition of the Order of the Government of the Republic of Kazakhstan of 31.12.2013 No. 1535)

According to article 16 of the Ecological code of the Republic of Kazakhstan of January 9, 2007 the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of import, export and transit of waste.

2. To the Ministry of Foreign Affairs of the Republic of Kazakhstan to notify the secretariat of the Basel Convention on the Control of Trans-boundary Movement of Hazardous Wastes and their removal of March 22, 1989 on change of circle of the bodies appointed according to subitems 2) and 3) of Item 2 of the enclosed Rules of import, export and transit of waste, as the allocated center.

3. Declare invalid the order of the Government of the Republic of Kazakhstan of December 23, 2006 No. 1256 "About approval of Rules of implementation of international carriages of waste" (SAPP of the Republic of Kazakhstan, 2006, No. 49, the Art. 521).

4. This resolution becomes effective after ten calendar days from the date of the first official publication.

Prime Minister of the Republic of Kazakhstan

K. Masimov

Approved by the Order of the Government of the Republic of Kazakhstan of July 11, 2007 No. 594

Rules of import, export and transit of waste

1. General provisions

1. Rules of import, export and transit of waste (further - Rules) are developed according to the Ecological code of the Republic of Kazakhstan of January 9, 2007, the Basel Convention on the Control of Trans-boundary Movement of Hazardous Wastes and their removal of March 22, 1989 (further - the Basel convention) and establish procedure of import of waste to the territory of the Republic of Kazakhstan, export of waste from the territory of the Republic of Kazakhstan, and also transit of waste across its territory.

2. In these rules the following concepts are used:

1) waste - represents substances or objects which are removed, is intended for removal or is subject to removal according to the ecological legislation of the Republic of Kazakhstan;

2) the allocated center - authorized body in the field of environmental protection of the Republic of Kazakhstan;

3) authorized body in the field of environmental protection - the central executive body performing management and cross-industry coordination in the field of environmental protection and environmental management and also its territorial authorities;

4) competent authority - the state bodies exercising border, transport and customs control, authorized body in the field of environmental protection, industrial safety and bodies of sanitary and epidemiologic service;

5) cross-border transportation of waste - any movement of dangerous or other wastes from the area which is under national jurisdiciton of one state to the area or through the area which is under national jurisdiciton of other state either to the area or through the area which is not under national jurisdiciton of any state provided that such transportation affects at least two states.

Other concepts and terms used in these rules are applied according to the international treaties ratified by the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan.

2. Procedure for import, export and transit of waste

3. Import to the territory of the Republic of Kazakhstan from the countries which are not entering into the Customs union, and export from the territory of the Republic of Kazakhstan to these countries of waste for the purpose of their use (utilization, conversion) are performed based on the license granted by the body authorized by the Government of the Republic of Kazakhstan.

5. On the territory (on the territory) the Republic of Kazakhstan import from the countries, or export to the countries which are not entering into the Customs union, the dangerous wastes given in Section 1.2 of the Single inventory to which prohibitions or import restrictions or export by state members of the Customs union within the Euroasian economic community in trade with the third countries approved by the Decision of Board of the Euroasian economic commission of August 16, 2012 No. 134 are applied (further - the Single list) cannot be performed.

The list of the dangerous wastes limited to movement through customs border of the Customs union when importing and (or) exporting is provided in Section 2.3 of the Single list.

6. Import, export, transit of dangerous wastes are performed according to the Basel convention and the decision of Board of the Euroasian economic commission of August 16, 2012 No. 134.

Export of dangerous wastes in the states - the parties of the Basel convention and to developing countries which within the legislation forbade import of dangerous wastes cannot be performed or if there are bases to believe that use of this waste will not be performed reasonably, and also to areas to the south of 60 degrees of southern latitude.

7. In case of export (transit) of waste from the territory (on the territory) the Republic of Kazakhstan, consent availability in writing of competent authority of the state on which territory waste according to the Basel convention is imported is necessary.

8. In case of cross-border transportation of dangerous wastes physical persons and legal entities provide to the interested states information concerning the offered cross-border transportation of dangerous wastes specifying consequences of the offered transportation for health of the person and the environment. Such information is specified in the notification on cross-border transportation of dangerous wastes according to appendix 1 to these rules.

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