ORDER OF THE MINISTER OF ECOLOGY, GEOLOGY AND NATURAL RESOURCES OF THE REPUBLIC OF KAZAKHSTAN

of September 27, 2021 No. 387

About approval of Rules of pronouncement of the conclusion at cross-border transportation of dangerous wastes on the territory of the Republic of Kazakhstan

According to Item 3 of article 346 of the Ecological code of the Republic of Kazakhstan PRIKAZYVAYU:

1. Approve the enclosed Rules of pronouncement of the conclusion at cross-border transportation of dangerous wastes on the territory of the Republic of Kazakhstan.

2. To provide to department of state policy in waste management of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan after its official publication;

3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

3. To impose control of execution of this order on the supervising vice-minister of ecology, geology and natural resources of the Republic of Kazakhstan.

4. This order becomes effective from the date of its first official publication and extends to the legal relationship which arose since July 1, 2021.

Approved by the Order of the Minister of ecology, geology and natural resources of the Republic of Kazakhstan of September 27, 2021 No. 387

1. Rules of pronouncement of the conclusion at cross-border transportation of dangerous wastes on the territory of the Republic of Kazakhstan (further – Rules) are developed according to Item 3 of article 346 of the Ecological code of the Republic of Kazakhstan (further - the Code), the Basel Convention on the Control of Trans-boundary Movement of Hazardous Wastes and their removal of March 22, 1989 (further – the Basel convention) and determine procedure of import of waste to the territory of the Republic of Kazakhstan, export of waste from the territory of the Republic of Kazakhstan, and also transit of waste across its territory.

2. In these rules the following concepts and determinations are used:

1) the allocated center – authorized body in the field of environmental protection of the Republic of Kazakhstan;

2) dangerous wastes – dangerous are recognized the waste having one or several properties, stipulated in Item 1 article 342 of the Code;

3) cross-border transportation of waste – any movement of dangerous or other wastes from the area which is under national jurisdiciton of one state to the area or through the area which is under national jurisdiciton of other state either to the area or through the area which is not under national jurisdiciton of any state provided that such transportation affects at least two states;

4) authorized body in the field of environmental protection – the central actuator performing management and cross-industry coordination in the field of environmental protection and environmental management and also its territorial authorities;

5) competent authority – the state bodies exercising border, transport and customs control, authorized body in the field of environmental protection, industrial safety and bodies of sanitary and epidemiologic service.

Other concepts and determinations used in these rules are applied according to the international treaties ratified by the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan.

3. Cross-border transportation of waste on the territory of the Republic of Kazakhstan is performed based on the conclusion of authorized body in the field of environmental protection.

4. Export of waste from the territory of the Republic of Kazakhstan and transit of waste across the territory of the Republic of Kazakhstan is performed in the presence of the consent in writing of competent authority of the state on which territory waste is imported.

For receipt of consent of competent authority of the state on which territory waste is imported physical persons and legal entities need to submit documents according to the list, stipulated in Item 6 these rules.

5. The authorized body in the field of environmental protection which is the allocated center notifies in writing the competent authorities of the interested states about expected cross-border transportation of dangerous wastes specifying effects of the offered transportation for health of the person and the environment. Such information is specified in the notification on cross-border transportation of dangerous wastes, according to appendix 1 to these rules.

6. For execution of the conclusion on cross-border transportation of waste on the territory of the Republic of Kazakhstan physical persons and legal entities need to provide the following:

1) the statement for transit of waste signed by the applicant certified by seal (in case of its availability) for legal entities, with indication of the place of residence for physical persons and the location for legal entities and the list of the enclosed documents;

2) copy of the contract (agreement) of purchase and sale of waste or other contract of alienation between participants of the foreign trade transaction;

3) the copy of the contract between the exporter and the producer or the importer and the consumer of goods if the applicant mediates;

4) consent in writing competent authority of the state on which territory waste according to the Basel convention is imported;

5) copies of the contract (contract) for transportation and the contract between the exporter and person who is responsible for waste discharge in which ecologically safe use of this waste makes a reservation;

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