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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of June 30, 2020 No. 388

About implementation of the Presidential decree of the Republic of Belarus of January 17, 2020 No. 16

(as amended on 25-03-2022)

In pursuance of Item 5 of the Presidential decree of the Republic of Belarus of January 17, 2020 "About enhancement of procedure for the address with waste of goods and packagings" the Council of Ministers of the Republic of Belarus DECIDES: No. 16

1. Approve:

The regulations on coordination of activities in the field of the address with the secondary material resources and waste which are formed after loss of consumer properties of goods and packagings (are applied);

Regulations on procedure, conditions of application and requirements to own system of collection, neutralization and (or) use of waste of goods and packaging (are applied);

Regulations on procedure of payments of the amount and terms of introduction of payment for the organization of collection, neutralization and (or) use of waste of goods and packaging, procedure for return of excessively brought (collected) payment and penalty fee (are applied);

The regulations on procedure and terms of submission of information on accomplishment during the accounting period of obligation on ensuring collection, neutralization and (or) use of waste of goods and packagings (are applied);

Regulations on procedure and conditions of acceptance by producers of goods and packaging of obligations on ensuring the subsequent safe handling of the waste formed as a result of loss by goods and packaging of the consumer properties (are applied);

The regulations on procedure for maintaining the register of the organizations performing collection, sorting, preparation of waste (are applied);

The regulations on payment procedure of compensation and on the bases for refusal in payment of compensation (are applied);

The regulations on procedure for providing with the organizations performing retail trade, collection from physical persons of the goods which lost consumer properties and waste of packaging in places of their realization (repair, maintenance) (are applied);

The regulations on procedure for purchases of goods (works, services) at the expense of the money arriving into the special account of public institution "Operator of secondary material resources" (are applied).

2. Establish:

standard form of the agreement on the organization of collection, neutralization and (or) use of waste of goods and packaging according to appendix 1;

the list of the documents confirming emergence of legal basis for release from obligation on ensuring collection, neutralization and (or) use of waste of goods and packagings according to appendix 2;

data representation form about accomplishment of obligation on ensuring collection, neutralization and (or) use of waste of goods and packagings according to appendix 3;

the inventory and packagings to which requirements of the Presidential decree of the Republic of Belarus of January 17, 2020 No. 16, and the amount of payment for the organization of collection, neutralization and (or) use of waste of goods and packaging according to appendix 4 extend.

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

3.1. No. 175 is excluded according to the Resolution of Council of Ministers of the Republic of Belarus of 25.03.2022

3.2. in the resolution of Council of Ministers of the Republic of Belarus of October 28, 2016 No. 883 "About approval of the Regulations on procedure for issue of the conclusion about impossibility of production or production in insufficient quantity in the territory of the Republic of Belarus of bottles for drinks and foodstuff from colourless and color glass the nominal capacity of more 0,33 of liter, but less than 1 liter classified by codes 7010 90 430 0 and 7010 90 530 0 of the Commodity nomenclature of foreign economic activity of the Eurasian Economic Union and entering of amendment into the resolution of Council of Ministers of the Republic of Belarus of February 17, 2012 No. 156":

state the name in the following edition:

"About issue of the conclusions";

state preamble in the following edition:

"In pursuance of Item 5 of the Presidential decree of the Republic of Belarus of January 17, 2020 "About enhancement of procedure for the address with waste of goods and packagings" the Council of Ministers of the Republic of Belarus DECIDES: No. 16";

state Item 1 in the following edition:

"1. Approve Regulations on procedure for issue of the conclusion about impossibility of production or production in insufficient quantity in the territory of the Republic of Belarus of bottles it (is applied).";

The regulations on procedure for issue of the conclusion about impossibility of production or production in insufficient quantity in the territory of the Republic of Belarus of bottles for drinks and foodstuff from colourless and color glass the nominal capacity of more 0,33 of liter, but less than 1 liter classified by codes 7010 90 430 0 and 7010 90 530 0 of the Commodity nomenclature of foreign economic activity of the Eurasian Economic Union approved by this resolution to be reworded as follows (are applied).

4. Accomplishment by producers and suppliers of obligation on ensuring collection, neutralization and (or) use of waste of goods and packagings and submission of information on its accomplishment according to the procedure established by this resolution is performed for the accounting periods, since the third quarter 2020.

Accomplishment by producers and suppliers of obligation on ensuring collection, neutralization and (or) use of waste of goods and waste of packaging and submission of information on its accomplishment for the last accounting periods are performed according to the legislation existing in the corresponding accounting period.

5. The agreements on the organization of collection, neutralization and (or) use of waste of goods and waste of packaging (further - agreements) signed before entry into force of this resolution are subject to reduction in compliance with it till October 1, 2020. Before reduction in compliance with this resolution agreements are effective in the part which is not contradicting the Presidential decree of the Republic of Belarus of January 17, 2020 No. 16.

6. Action of the Regulations on procedure for purchases of goods (works, services) at the expense of the money arriving into the special account of the public institution "Operator of secondary material resources" approved by this resolution does not extend to purchases of goods (works, services) if procedures of such purchases are begun (the decision on their carrying out is made) or agreements to deliver goods (performance of works, rendering services) are concluded till July 1, 2020.

7. Recognize invalid resolutions of Council of Ministers of the Republic of Belarus according to appendix 5.

8. Explain to the Ministry of Housing and Public Utilities questions of application of this resolution.

9. This resolution becomes effective in the following procedure:

Items 4, 9, 10, 14, 21, 22, 26-28, 30, 37, 43, 49, 51 and 54 appendices 4 - since January 1, 2021;

other provisions of this resolution - since July 1, 2020.

Prime Minister of the Republic of Belarus

R. Golovchenko

 

Appendix 1

to the Resolution of Council of Ministers of the Republic of Belarus of June 30, 2020 No. 388

Standard form

Agreement on the organization of collection, neutralization and (or) use of waste of goods and packaging

_________________ 20 __.

 Minsk

 

Public institution "Operator of secondary material resources" (further – the operator) on behalf of ______________________________________________

(position, surname, own name,

___________________________________________________, acting on the basis of the

middle name (if that is available)

___________________________________________________, and producer, supplier

(name of the document)

_____________________________________________________________________________

(name of the legal entity or surname, own name, middle name (if that

__________________________________________________________ (further – the payer)

is available) the individual entrepreneur)

on behalf of ______________________________________________________________________,

(position, surname, own name, middle name (if that is available)

 acting on the basis of the ___________________________________________________,

                                               (name of the document)

according to the Presidential decree of the Republic of Belarus of   January 17, 2020 No. 16 "About enhancement of procedure for the address with waste of goods and packagings" signed this agreement as follows:

 

Subject of this agreement

 

1. The operator takes measures for the organization of collection, neutralization and (or) use of waste of goods and packaging, and the payer brings payment for the organization of collection, neutralization and (or) use of waste of goods and packaging (further – payment) on the current (settlement) bank account of the operator with the special mode of functioning (further – the special account of operator).

 

Rights and obligations of the Parties

 

2. The operator shall:

2.1. provide coordination of activities in the field of the address with the secondary material resources and waste which are formed after loss of consumer properties of goods and packaging according to Regulations on coordination of activities in the field of the address with the secondary material resources and waste which are formed after loss of consumer properties of goods and packaging, the approved resolution of Council of Ministers of the Republic of Belarus of   June 30, 2020 No. 388;

2.2. record the payment calculated and brought by the payer and provide return to the payer of excessively brought (collected) payment and penalty fee for untimely introduction of this payment according to Regulations on procedure of payments of the amount and terms of introduction of payment for the organization of collection, neutralization and (or) use of waste of goods and packaging, procedure for return of excessively brought (collected) payment and penalty fee approved by the resolution of Council of Ministers of the Republic of Belarus of   June 30, 2020 No. 388 (further – Regulations on procedure of payments and return of payment);

2.3. allocate the money which arrived into the special account of operator, on implementation of actions, specified in paragraphs the second or twelfth item 4 of appendix 2 to the Presidential decree of the Republic of Belarus of   January 17, 2020 to No. 16;

2.4. annually till  April 1 to post on the official site on the global computer Internet information for last calendar year:

about amounts of collection of secondary material resources and waste of goods and packagings;

about the sizes of funds expenditure on implementation of actions specified in paragraphs the second or twelfth item 4 of appendix 2 to the Presidential decree of the Republic of Belarus of   January 17, 2020 to No. 16.

3. The operator has the right:

3.1. perform the analysis of accomplishment by the payer of obligation on ensuring collection, neutralization and (or) use of waste of goods and packagings (further – obligation on ensuring collection of waste);

3.2. request from the payer information and documents on production and (or) commodity importation and packagings, accomplishment of obligation on ensuring collection of waste and the circumstances which entailed release from obligation on ensuring collection of waste.

4. The payer shall:

4.1. provide information on accomplishment of obligation on ensuring collection of waste according to the procedure and terms according to Regulations on procedure and terms of submission of information on accomplishment during the accounting period of obligation on the ensuring collection, neutralization and (or) use of waste of goods and packagings approved by the resolution of Council of Ministers of the Republic of Belarus of   June 30, 2020 No. 388;

4.2.  calculate and bring into the special account of operator payment according to the procedure and terms according to Regulations on procedure of payments and return of payment.

5. The payer has the right to address the operator for return of excessively brought (collected) payment and penalty fee for untimely introduction of this payment according to Regulations on procedure of payments and return of payment.

 

Responsibility of the parties

 

6. The parties bear responsibility for non-execution or improper execution of terms of this agreement according to legal acts.

7. If the payment which is subject to introduction is not brought by the payer into the special account of operator in the Republic of Belarus established by Council of Ministers terms, the payer pays the penalty fee in the amount of 1/360 refunding rates of National Bank operating on the date of introduction of payment (pronouncement of the court decree or making of executive text of the notary) from out of time brought (not granted) payment sum.

Penalty fee is paid into the special account of operator for each day of delay, including day of introduction of payment (pronouncement of the court decree or making of executive text of the notary).

8. Cancellation of this agreement does not exempt the party from  responsibility for violation of its conditions during its action.

 

This agreement effective period

 

9. This agreement is signed sine die, becomes effective from the moment of its signing by the parties, at the same time terms of this agreement are applied to the relations of the parties which arose from the date of origin at the payer of obligation on ensuring collection of waste.

 

Conclusion, change and termination of this agreement

 

10. The parties have the right under the mutual agreement to change or terminate this agreement.

11. Changes are made to this agreement by the conclusion of the supplementary agreement which is integral part of this agreement on the following bases:

change of the legislation according to which modification and (or) amendments in this agreement is required;

reorganization in the form of transformation (change of form of business) and (or) change of the name of one of the parties.

12. This agreement can be terminated:

at the initiative of the payer in connection with the termination of implementation of activities as a result of which it had obligation on ensuring collection of waste, by the conclusion of the supplementary agreement;

unilaterally the operator on condition of the written notice of the payer in connection with failure to carry out by the payer of contractual commitments during the long period of time (more than one calendar year).

13. This agreement, supplementary agreements about change or termination of this agreement consist in simple written form:

13.1. in the form of the electronic document with use of the specialized software posted on the official site of the operator on the global computer Internet, in the presence at the payer of the means of the digital signature received in case of registration as the subscriber:

certification center of the republican unitary  enterprise "Information and Publishing Center for Taxes and Fees";

republican certification center of the State management system open keys of verification of the digital signature of the Republic of Belarus of the republican unitary enterprise "National Center of Electronic Services";

13.2. in document type on paper, constituted in duplicate, having identical legal force, in case of absence at the payer of the means of the digital signature stated above.

Dispute resolution

14. The debt of the payer on payment and penalty fee is collected by the operator based on executive text of the notary, and in the presence of dispute on right to claim the operator of outstanding amounts on payment and penalty fee – judicially.

15. Other disputes connected with execution of this agreement are permitted by the parties by negotiations, and in case of default of agreement – judicially.

 

Other conditions

 

16. The relations of the parties which are not settled by this agreement are regulated by the legislation.

17. In case of change of bank and (or) other details the party within 10 calendar days shall send the notification on such changes to other party.

18. All documents, including the claims connected with execution of this agreement, notification on change of details and the notifications on termination of this agreement unilaterally transferred by one party to other party with use of the specialized software posted on the official site of the operator on the global Internet are recognized transferred properly.

 

Addresses, details and signatures of the parties

 

Appendix 2

to the Resolution of Council of Ministers of the Republic of Belarus of June 30, 2020 No. 388

The list of the documents confirming emergence of legal basis for release from obligation on ensuring collection, neutralization and (or) use of waste of goods and packagings

1. According to subitem 1.2 of Item 1 of appendix 1 to the Presidential decree of the Republic of Belarus of   January 17, 2020 No. 16 – the documents confirming use of the imported goods in packaging in case of production, performance of works, rendering services and for general economy needs or realization when implementing retail trade or public catering, or the actual availability of unused and unrealized goods.

2. According to subitem 1.3 of Item 1 of appendix 1 to the Presidential decree of the Republic of Belarus of   January 17, 2020 No. 16:

2.1. for non-profit organizations:

certificate on state registration and charter of non-profit organization;

source accounting documents confirming use of the imported goods and goods in packaging when implementing functions of non-commercial nature for the sake of which they are created;

2.2. for producers and suppliers who implement goods and goods in packaging to state bodies and non-profit organizations:

the agreement based on which the goods are implemented to state body;

the agreement based on which the goods of non-profit organization, with indication of the purpose of purchase of goods and goods in packaging by the non-profit organization provided in subitem 1.3 of Item 1 of appendix 1 to the Presidential decree of the Republic of Belarus of   January 17, 2020 No. 16 are implemented (for own use when implementing functions of non-commercial nature);

the copy of part of the charter of non-profit organization with indication of its name, the location, the purpose and object of activity.

3. According to subitem 1.4 of Item 1 of appendix 1 to the Presidential decree of the Republic of Belarus of   January 17, 2020 No. 16:

3.1. for producers and suppliers of the goods used by them independently:

source accounting documents confirming the actual goods quantity, used as component parts and packaging for socially important goods, medicines, pharmaceutical substances, prosthetic and orthopedic products, and also medical equipment and other goods of medical appointment, including used in veterinary science (further – medical products), bank notes;

the certificates of self-produced products issued to the producer and the supplier on socially important goods, medical products (in the presence);

certificates (copy of certificates) or data on state registration of medical products;

3.2. for producers and suppliers who implement goods to legal entities and individual entrepreneurs (further – buyers):

the agreement based on which the goods to the buyer, with indication of the purpose of purchase of goods provided in subitem 1.4 of Item 1 of appendix 1 to the Presidential decree of the Republic of Belarus of   January 17, 2020 No. 16 (for own use as component parts and packaging for socially important goods are implemented (medical products, bank notes);

copies of the certificates of self-produced products issued to the buyer to whom the goods, on socially important goods, medical products are implemented (in the presence);

copies of certificates or data on state registration of medical products;

the written report of the buyer to which the goods are implemented, in any form of the actual goods quantity, used on the answering purpose, with indication of date and number of the delivery note confirming leave and acceptance of these goods, the goods quantity received on delivery note and the goods quantity which is actually used (released in production) on the answering purpose;

3.3. for producers and suppliers of medical products in packaging and the goods which are component parts for medical products which are used (are implemented) separately:

certificates (copy of certificates) or data on state registration of the imported medical products in packaging and medical products, for application in structure or together with which component parts are intended;

the documents containing data on functional purpose of component parts.

4. According to subitem 1.5 of Item 1 of appendix 1 to the Presidential decree of the Republic of Belarus of   January 17, 2020 No. 16:

the certificates of self-produced products issued to the producer on medical products (for producers, in the presence);

certificates (copy of certificates) or data on state registration of medical products.

5. According to subitem 1.6 of Item 1 of appendix 1 to the Presidential decree of the Republic of Belarus of   January 17, 2020 No. 16:

5.1. for producers and suppliers of goods and goods in packaging which are exported by them independently:

source accounting documents confirming the actual goods quantity, the processed (processed) goods used in case of production, or their copy (in case of commodity exportation in the changed condition);

the copy of form of external submission of the electronic declaration on goods (the copy of the declaration on goods which is drawn up on paper) according to which export out of limits of the Republic of Belarus of goods and goods in packaging in steady-state condition or the processed (processed) goods which are subject to customs declaring is performed;

the transport (transportation) documents confirming the export fact out of limits of the Republic of Belarus of goods and goods in packaging in steady-state condition or the processed (processed) goods;

the transport (transportation) documents confirming commodity exportation and goods in packaging in steady-state condition or the processed (processed) goods from the territory of the Republic of Belarus (confirmatory that the place of unloading is the place which is outside the Republic of Belarus);

5.2. for producers and suppliers of goods and goods in packaging which are exported by other legal entity or the individual entrepreneur (further – the intermediary):

source accounting documents confirming the actual goods quantity, the processed (processed) goods used in case of production (in case of sales of goods to the intermediary in the changed condition);

the agreement based on which goods and goods in packaging in steady-state condition or the processed (processed) goods are implemented (are transferred) to the intermediary;

the written report of the intermediary to which the goods, in any form of the actual goods quantity, the processed (processed) goods used in case of production, with indication of date and number of the delivery note confirming leave and acceptance of these goods, the goods quantity received on delivery note, the goods quantity which is actually used in case of production of the processed (processed) goods, and quantity of the made processed (processed) goods are implemented (in case of commodity exportation in the changed condition);

the copy of form of external submission of the electronic declaration on goods (the copy of the declaration on goods which is drawn up on paper) according to which export out of limits of the Republic of Belarus of goods and goods in packaging in steady-state condition or the processed (processed) goods which are subject to customs declaring or the register of such declarations certified by the intermediary on goods containing data on registration numbers of declarations on goods, dates of issue and quantity of the exported goods according to the specified declarations on goods is performed;

the transport (transportation) documents confirming the export fact out of limits of the Republic of Belarus of goods and goods in packaging in steady-state condition either the processed (processed) goods, or the registers of such documents certified by the intermediary containing data on names of documents, their numbers and dates of creation, quantity of the exported goods according to the specified documents.

6. According to subitems 1.7 and 1.8 of Item 1 of appendix 1 to the Presidential decree of the Republic of Belarus of   January 17, 2020 No. 16:

special permission (license) or its copy to implementation of the activities connected with impact on the environment regarding use of waste of 1-3 classes of danger if according to the legislation on licensing implementation of the specified type of activity requires receipt of such special permission (license);

the certificate (the copy of the certificate) on inclusion of objects for use of waste in the register of objects for use of waste and (or) objects of storage, burial and neutralization of waste, in the register of objects of storage, burial and neutralization of waste, issued to the producer in case of registration of the object for use of waste put into operation;

production schedules of use of waste in case of its availability – in case of use of waste according to the works agreement;

the agreement based on which secondary polymeric materials, and source accounting documents confirming their acquisition, with application of copies of the certificates of self-produced products issued to producer of secondary polymeric materials, or other documents containing information on the country of their origin, and also copies of the documents provided in the paragraphs second and third this Item issued to producer of secondary polymeric materials are acquired;

the documents containing data on the actual use of raw materials and materials ( including waste) in weight expression in case of production of oils, glass, paper and cardboard, polymeric packagings, products from plastic (in total amount of their production or by each type of products separately).

7. According to subitem 1.10 of Item 1 of appendix 1 to the Presidential decree of the Republic of Belarus of   January 17, 2020 No. 16:

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