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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

(as amended on 30-12-2022)

For the purpose of reducing amounts of waste disposal and prevention of their harmful effects on the environment, and also increase in level of drawing into economic circulation of secondary material resources:

1. Determine that:

1.1. the payment for the organization of collection, neutralization and (or) use of waste of the goods and waste of packaging which is formed after loss of consumer properties by them (further - waste of goods and packaging), the stipulated in Article 20 Laws of the Republic of Belarus of July 20, 2007 No. 271-Z "About the address with waste" and estimated according to the procedure, established by Council of Ministers of the Republic of Belarus (further - payment), joins legal entities and individual entrepreneurs considering the income from realization on accrual basis in costs (expenses) on production and sales of goods (works, services), property rights.

The payment for the accounting periods till January 1, 2023 which is not brought on the current (settlement) bank account of public institution "Operator of secondary material resources" (further - the operator) with the special mode of functioning (further - the special account of operator) for the specified date, joins legal entities and individual entrepreneurs considering the income from realization on accrual basis in costs (expenses) on production and sales of goods (works, services), property rights in that accounting period in which it is brought into the special account of operator.

The individual entrepreneurs considering the income from realization by the principle of payment, inclusion of payment in structure of expenses on production and sales of goods (works, services), property rights it is performed in that accounting period in which it is brought into the special account of operator;

1.2. if the payment which is subject to introduction is not brought into the special account of operator in the Republic of Belarus established by Council of Ministers terms, the legal entities and individual entrepreneurs performing production and (or) commodity importation (further - producers and suppliers), pay 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 for each day of delay, including day of introduction of payment (pronouncement of the court decree or making of executive text of the notary).

The debt 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.

The requirement about collection of payment and penalty fee can be shown by the operator within three years from the date of:

the expiration established by Council of Ministers of the Republic of Belarus for introduction of payment;

submissions of information on accomplishment of obligation on ensuring collection, neutralization and (or) use of waste of goods and packaging if it is provided after the term established by Council of Ministers of the Republic of Belarus, including submission of the specified information on accomplishment of such obligation in case of detection of incompleteness of data or mistakes in earlier provided information.

The operator is exempted from the state fee for consideration of actions for declaration about collection from producers and suppliers of debt on payment and penalty fee;

1.3. features of functioning of the special account of operator and use of the money arriving on it are determined in appendix;

1.4. the money which arrived into the special account of operator according to part one of Item of 1 appendix is not assessed with taxes, charges (duties).

The money which arrived on the current (settlement) bank account of the operator according to appendix Item 8 part two is included the operator of non-operating incomes and is reflected in that accounting period in which this money is deposited into such account;

1.5. The Ministry of Housing and Public Utilities quarterly to the 22nd day of the second month following reporting quarter represents to Council of Ministers of the Republic of Belarus and the State Control Committee information on cash receipt into the special account of operator, the directions and efficiency of their expenditure.

2. JSC Belinvestbank establish interest rate for use of the money which is on the special account of operator in the amount of average rates on term revocable bank deposits (deposits) of legal entities in the Belarusian rubles which developed in JSC Belinvestbank in previous period of charge of percent.

3. Grant the right to Council of Ministers of the Republic of Belarus to explain questions of application of this Decree.

Appendix

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

Features of functioning of the special account of operator and use of the money arriving on it

1. The special account of operator is opened in Belarusian rubles in JSC Belinvestbank. Into the special account of operator money is enlisted:

arriving as payment and penalty fee (percent) for untimely introduction (not introduction) of such payment;

by results of debt collection on payment and penalty fee (percent) for untimely introduction (not introduction) of such payment in indisputable procedure;

in the form of the percent paid to JSC Belinvestbank for use of the money which is on the special account of operator;

in case of return (collection):

the money illegally received from the operator by the legal entity or the individual entrepreneur;

the money received from the operator and not used at the scheduled time for purpose by the legal entity or the individual entrepreneur;

the money received from the operator and used not for purpose by the legal entity or the individual entrepreneur;

the money which is excessively listed by the operator to the legal entity or the individual entrepreneur;

the added percent according to part one of Item 13 of this appendix.

The operator has the right to open only one special account for the purposes of this Decree.

Into the special account of operator money transfer, not provided in part one of this Item is not allowed.

2. The address of collection according to the executive and other documents which are the basis for cash write-off from accounts in indisputable procedure on the money which is on the special account of operator is not made, arrest is not imposed the specified money, suspension of transactions on this special account is not performed.

The requirements specified in part one of this Item do not extend to cases:

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