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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of June 30, 2020 No. 388

About the address with waste of goods and packagings

(as amended on 21-04-2023)

Based on subitems 1.7-1, 1.7-2 and 1.8 of Item 1 of Article 7, of Items 3, 5 and the paragraph of third of part one of Item 6 of Article 20 and Item 3 of article 24 of the Law of the Republic of Belarus of July 20, 2007 No. 271-Z "About the address with waste", the paragraph of the thirteenth of part one of Item 3, 4, parts one of Item 7 and Item 10 of appendix 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" the Council of Ministers of the Republic of Belarus DECIDES: Item parts three

1. Determine that the obligation on ensuring collection, neutralizations and (or) uses of waste of goods and packaging (further, unless otherwise specified, – obligation on ensuring collection of waste) extends on:

1.1. producers – the legal entities and individual entrepreneurs performing production in the territory of the Republic of Belarus or being owners of the goods made according to the works agreement in the territory of the Republic of Belarus called in the inventory and packagings in case of production and (or) import of which on legal entities and individual entrepreneurs the obligation on ensuring collection of waste extends;

1.2. suppliers – the legal entities and individual entrepreneurs performing import to the territory of the Republic of Belarus of goods and (or) goods in packaging *, called in the inventory and packagings, in case of production and (or) import of which on legal entities and individual entrepreneurs the obligation on ensuring collection of waste, and being extends:

the customs applicants specified in declarations goods;

the importers specified in statistical declarations;

receivers (consignees) of goods specified in transport (transportation) documents if customs and statistical declaring according to the legislation is not made.

______________________________

* Goods in packaging are understood as any imported goods in the packaging called in the inventory and packagings in case of production and (or) import of which on legal entities and individual entrepreneurs the obligation on ensuring collection of waste extends including if goods are not called in this list.

1-1. Approve:

The regulations on specially authorized state non-profit organization – operator in the field of the address with secondary material resources (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 (percent) (are applied);

Regulations on procedure and terms of submission of information on accomplishment of obligation on ensuring collection, neutralization and (or) use of waste of goods and packaging (are applied);

Regulations on procedure and conditions of acceptance by producers of goods and packaging of obligations on ensuring the subsequent safe handling of waste of goods and packaging (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 legal entities performing retail trade of collection of waste of goods and packaging from physical persons (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 cases and conditions of release of legal entities and individual entrepreneurs from obligation on ensuring collection, neutralization and (or) use of waste of goods and packagings according to appendix 1-1;

the list of the documents and data 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, in case of production and (or) import of which on legal entities and individual entrepreneurs extends obligation on ensuring collection, neutralization and (or) use of waste of goods and packagings, and the amount of payment for the organization of collection, neutralization and (or) use of waste of goods and packaging according to appendix 4.

2-1. The Belarusian Chamber of Commerce and Industry at the request of the Ministry of Housing and Public Utilities represents data on the legal entities and individual entrepreneurs who received certificates of self-produced products on goods according to appendix 4, with indication of the name, number of registration and the location of the producer, description of goods and its code according to the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union, certificate effective period.

2-2. For the purposes of this resolution terms in the values determined in appendix 4-1 are used.

3. No. 279 is excluded according to the Resolution of Council of Ministers of the Republic of Belarus of 21.04.2023

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

__________________________________________________________ (further – the payer)

that 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 article 20 of the Law of the Republic of Belarus of July 20, 2007 No. 271-Z "About the address" signed this agreement with waste 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 secondary material resources according to Regulations on specially authorized state non-profit organization – operator in the field of the address with secondary material resources, the approved resolution of Council of Ministers of the Republic of Belarus of June 30, 2020 to 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 (percent) for untimely introduction (not introduction) of such 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 (percent), the approved resolution of Council of Ministers of the Republic of Belarus of June 30, 2020 to 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, 3 appendices to the Presidential decree of the Republic of Belarus specified in paragraphs the second or twelfth to Item part one of January 17, 2020 No. 16 "About enhancement of procedure for the address with waste of goods and packagings";

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 to Item part one 3 appendices to the Presidential decree of the Republic of Belarus of January 17, 2020 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, unless otherwise specified, – 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 the Regulations on procedure and terms of submission of information on accomplishment of obligation on ensuring collection, neutralization and (or) use of waste of goods and packaging 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 (percent) for untimely introduction (not introduction) of such 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 computer Internet are recognized transferred properly.

Addresses, details and signatures of the parties

Appendix 1-1

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

List of cases and conditions of release of legal entities and individual entrepreneurs from obligation on ensuring collection, neutralization and (or) use of waste of goods and packagings

1. Are exempted from obligation on ensuring collection of waste:

1.1. diplomatic representations, consular establishments, representative offices of the states under the international organizations, the international organizations, their representations located in the territory of the Republic of Belarus;

1.2. individual entrepreneurs regarding packaging into which the goods imported on the territory of the Republic of Belarus, used in their activities in case of production, performance of works, rendering services and for general economy needs * or realized when implementing by them of retail trade or public catering are packed;

1.3. state bodies, non-profit organizations, and also producers and suppliers regarding the goods and goods in packaging implemented to state bodies and non-profit organizations for the purpose of use when implementing functions of non-commercial nature for the sake of which they are created;

1.4. producers and suppliers regarding the goods which are component parts and packagings for socially important goods **, medicines, pharmaceutical substances, prosthetic and orthopedic products, medical equipment and other goods of medical appointment, including used in veterinary science, bank notes;

______________________________

* General economy needs are understood as the needs of producers and suppliers which are not connected directly with production, performance of works, rendering services.

** Socially important goods are understood as the goods included by Council of Ministers of the Republic of Belarus in lists of socially important goods, the prices for which are regulated by state bodies (including it is temporary within one year).

1.5. producers and suppliers regarding medical equipment and goods of medical appointment, including used in veterinary science, except the goods classified by code 9025 11 200 of the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union;

1.6. producers and suppliers regarding the goods and goods in packaging which are exported from the territory of the Republic of Belarus;

1.7. producers regarding the made oils, glass, paper and cardboard packagings on condition of use in the course of their production at least 30 percent (from the total amount of their production or by each type of products separately in weight expression) the waste oils, waste of glass, paper and cardboard respectively collected in the territory of the Republic of Belarus;

1.8. producers regarding the made products from plastic and plastic packaging on condition of use in the course of their production at least 40 percent (from the total amount of their production or by each type of products separately in weight expression) waste of the plastic collected in the territory of the Republic of Belarus, or secondary polymeric materials *, made in the territory of the Republic of Belarus;

1.9. the producers of goods and packagings which assumed obligation to provide the subsequent safe handling of waste of goods and packaging according to the Regulations on procedure and conditions of acceptance by producers of goods and packaging of obligations on ensuring the subsequent safe handling of waste of goods and packaging approved by this resolution;

1.10. producers and suppliers regarding goods and packaging materials ** (except preforms), used as raw materials, materials (semifinished products), spare parts (component parts) in case of production (including other producers) goods according to appendix 4 to this resolution;

______________________________

* Secondary polymeric materials are understood as waste of plastic which by methods of crushing, cleanings, sinks, agglomerations or extrusions are prepared for subsequent use as independent raw materials or as additives to primary material in case of production of different products from plastic.

** Packaging materials are understood as the materials intended for packaging production.

1.11. producers regarding the plastic packaging made from preforms;

1.12. producers and suppliers regarding the oils used as raw materials (materials) in case of production in the organizations which core activity is production of vehicles, machines and the equipment, or when rendering services in the organizations which core activity is provision of services by passenger or load carrying transport;

1.13. producers and suppliers regarding the tires used as raw materials (the materials completing) in case of production in the organizations which core activity is production of vehicles;

1.14. producers and suppliers regarding the goods (except packaging) used in their activities in case of production, performance of works, rendering services and for general economy needs and which are not intended for realization in steady-state condition * or as consumable materials;

______________________________

* Goods in steady-state condition are understood as the goods which are not subjected to production and technology operations (goods in invariable type) or subjected to simple transactions which do not attract change of properties and purpose of goods and do not allow to carry the processed (processed) goods to self-produced products.

1.15. producers and suppliers regarding goods and packaging which in connection with loss of consumer properties are transferred by them to burial or are lost in connection with force majeure (the fire, accident, natural disaster, the road accident);

1.16. suppliers regarding the goods and goods in packaging imported on the territory of the Republic of Belarus as foreign free aid in the procedure established by the legislation.

2. Producers and suppliers have the right to use release from obligation on ensuring collection of waste from the moment of emergence of legal basis for its application and during the entire period of action of these bases. In case of the termination of the bases attracting release from obligation on ensuring collection of waste, this obligation at producers and suppliers arises from the date of the termination of such bases.

The list of the documents and data confirming emergence of legal basis for release from obligation on ensuring collection of waste is determined in appendix 2 to this resolution.

3. Producers and suppliers specify data on the bases which entailed release from obligation on ensuring collection of waste in information on accomplishment of obligation on ensuring collection, neutralization and (or) use of waste of goods and the packaging represented according to the Regulations on procedure and terms of submission of information on accomplishment of obligation on ensuring collection, neutralization and (or) use of waste of goods and packaging approved by this resolution.

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 and data 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 1-1 to this resolution – 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 1-1 to this resolution:

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 1-1 to this resolution 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 1-1 to this resolution:

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 1-1 to this resolution (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;

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