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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of September 2, 2021 No. 604

About approval of Rules of financing by the operator of expanded obligations of producers (importers) of the organization, fifty and more percent of voting shares (shares in the authorized capital) which directly or indirectly belong to the state and (or) national managing holding, for further financing of the projects in the processing industry directed to environmental improvement

According to the subitem 15) of Item 1 of article 388 of the Ecological code of the Republic of Kazakhstan of January 2, 2021 the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of financing by the operator of expanded obligations of producers (importers) of the organization, fifty and more percent of voting shares (shares in the authorized capital) which directly or indirectly belong to the state and (or) national managing holding, for further financing of the projects in the processing industry directed to environmental improvement.

2. This resolution becomes effective after ten calendar days after day of its first official publication.

Prime Minister of the Republic of Kazakhstan

A. Mamin

Approved by the Order of the Government of the Republic of Kazakhstan of September 2, 2021 No. 604

Rules of financing by the operator of expanded obligations of producers (importers) of the organization, fifty and more percent of voting shares (shares in the authorized capital) which directly or indirectly belong to the state and (or) national managing holding, for further financing of the projects in the processing industry directed to environmental improvement

Chapter 1. General provisions

1. These rules of financing by the operator of expanded obligations of producers (importers) of the organization, fifty and more percent of voting shares (shares in the authorized capital) which directly or indirectly belong to the state and (or) national managing holding, for further financing of the projects in the processing industry directed to environmental improvement (further - Rules), determine procedure and financing terms the operator of expanded obligations of producers (importers) of the organization, fifty and more percent of voting shares (shares in the authorized capital) which directly or indirectly belong to the state and (or) national managing holding, for further financing of the projects in the processing industry directed to environmental improvement.

2. In Rules the following basic concepts are used:

1) authorized body in the field of the state support of industrial activities (further - authorized body) - the central executive body performing management in the field of industrial development and also in limits, stipulated by the legislation the Republic of Kazakhstan, cross-industry coordination and participation in realization of the state support of industrial activities;

2) the loan agreement - the agreement under which the operator shall transfer to the possession of the organization certain size of money for financing on each separate project in the processing industry and the organization shall return timely to the operator money taking into account conditions of these rules;

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) the operator of expanded obligations of producers (importers) (further - the operator) - the legal entity determined by the Government of the Republic of Kazakhstan performing the organization of collection, transportation, conversion, neutralization, use and (or) waste recycling, formed after loss of consumer properties of products (goods) on which, (which) expanded obligations of producers (importers), and its packagings extend;

5) the organization - the Fund of Development of the Industry joint-stock company created according to the order of the Government of the Republic of Kazakhstan of August 18, 2020 No. 521 "About creation of Fund of development of the industry" for ensuring available financing of the breakthrough processing projects on the conditions determined in documents of System of state planning;

6) the project in the processing industry - the project in the sphere of processing industry directed to environmental improvement.

3. The projects in the processing industry financed by means of the operator are selected according to these rules and internal acts of the organization in coordination with authorized body in the field of environmental protection.

Chapter 2. Procedure for financing

4. Financing of projects in the processing industry is performed in the following procedure:

1) the authorized body on annual basis till August 31 of the corresponding year sends to the operator inquiry for provision of the forecast amounts of financing of projects in the processing industry at the expense of means of the operator (further - request) for the corresponding financial year;

2) the Operator after consideration of request within seven working days includes the forecast amounts of financing in appropriate section of the investment policy and sends it for approval to authorized body in the field of environmental protection;

3) the authorized body in the field of environmental protection within ten working days after receipt of investment policy approves it or directs to the operator motivated refusal in coordination.

In case of the direction authorized body in the field of environmental protection of motivated refusal, the operator within three working days removes the cause of motivated refusal and sends investment policy for repeated approval to authorized body in the field of environmental protection.

4) the operator, in case of coordination by authorized body in the field of environmental protection of the amounts of financing in investment policy, within five working days after receipt of consent directs reply to the request for the corresponding financial year to authorized body;

5) the authorized body within three working days after receipt of reply to the request sends to the organization information on the forecast amounts of financing of projects in the processing industry for the corresponding financial year;

6) the organization after receipt of information on the forecast amounts of financing of projects in the processing industry for the corresponding financial year directs the request with appendix of the business plan of the project considered for financing in the processing industry to coordination in authorized body in the field of environmental protection;

7) the authorized body in the field of environmental protection within twenty two working days after receipt of the request analyzes the project in the processing industry on compliance to requirements of the ecological legislation of the Republic of Kazakhstan, the international and national standards and provides the conclusion regarding possibility of financing of the project.

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