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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 28-10-2021)

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. producers and suppliers shall provide collection, neutralization and (or) use of waste of goods and packaging (further - obligation on ensuring collection of waste) with one of the following methods or their set at the choice:

application during calendar quarter (further - the accounting period) own system of collection, neutralization and (or) use of waste of goods and packaging (further - own system of collection of waste) with representation to public institution "Operator of secondary material resources" (further - the operator) information on accomplishment during the accounting period of obligation on ensuring collection of waste (further - information on accomplishment of obligation);

the conclusion with the operator of the agreement on the organization of collection, neutralization and (or) use of waste of goods and packaging (further - the agreement) and introduction on the current (settlement) bank account of the operator with the special mode of functioning (further - the special account of operator) payments for the organization of collection, neutralization and (or) use of waste of goods and packaging (further - payment). The compulsory provision of the agreement is representation to the operator of information on accomplishment of obligation.

The list of cases and condition of release of producers and suppliers from obligation on ensuring collection of waste and procedure are determined by the operator of the analysis of accomplishment by producers and suppliers of such obligation in appendix 1.

Are established by Council of Ministers of the Republic of Belarus:

the inventory and packagings to which requirements of this Decree extend;

procedure, conditions of application and requirement to own system of collection of waste;

standard form of the agreement;

the sizes, procedure of payments of the amount of payment and terms of its introduction into the special account of operator, and also procedure for return of excessively brought (collected) payment and penalty fee for untimely introduction of this payment (further - penalty fee) from the special account of operator;

the list of the documents confirming emergence of legal basis for release from obligation on ensuring collection of waste;

form, procedure and terms of submission of information on accomplishment of obligation;

1.2. action of paragraph two of part one of subitem 1.1 of this Item does not extend to 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 single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union (further - the CN FEA EEU), except for:

glass packaging in which goods on the territory of the Republic of Belarus are imported;

bottles concerning which the Ministry of Architecture issues the conclusion about impossibility of their production or production in the insufficient quantity in the territory of the Republic of Belarus according to the procedure established by the legislation on ministerial procedures;

1.3. costs of producers and suppliers for the organization and functioning of own system of collection of waste (except for purchase costs or creation of depreciable property), and also the sum of the granted payment join in the costs on production and sales of goods (works, services), property rights considered in case of the taxation;

1.4. 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, 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 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 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.

The money which arrived into the special account of operator from producers and suppliers in the form of payment and penalty fee is not assessed with taxes, charges (duties). The amounts of penalty fee and percent paid by bank for use of the money which is on the special account of operator are not included the operator of non-operating incomes;

1.5. the money arriving into the special account of operator has purpose.

Features of functioning of the special account of operator and use of the money arriving on it are determined in appendix 2;

1.6. Ministry of Housing and Public Utilities:

performs according to the procedure, determined by Council of Ministers of the Republic of Belarus, 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 and management of activities of the operator created for this purpose;

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;

1.7. for the purposes of this Decree terms in the values determined in appendix 3 are applied.

2. The organizations performing retail trade shall provide collection from physical persons of the goods which lost consumer properties, and (or) waste of packaging in places of their realization (repair, maintenance) according to the list and according to the procedure, determined by Council of Ministers of the Republic of Belarus.

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