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

of November 16, 2021 No. 470

About approval of Rules of compensation to producers of socially important food products of the expenses connected with introduction of utilization payment by producers (importers) of polymeric, glass, paper, cardboard and (or) metal packagings, packagings from the combined materials applied to packing of socially important food products

According to the subitem 2) Item 1 of article 388 of the Ecological code of the Republic of Kazakhstan PRIKAZYVAYU:

1. Approve the enclosed Rules of compensation to producers of socially important food products of the expenses connected with introduction of utilization payment by producers (importers) of polymeric, glass, paper, cardboard and (or) metal packagings, packagings from the combined materials applied to packing of socially important food products according to Appendix to this order.

2. Declare invalid the order of the Minister of Energy of the Republic of Kazakhstan of December 27, 2018 No. 539 "About approval of Rules of compensation to producers of socially important food products of the expenses connected with introduction of payment for the organization of collection, transportation, conversion, neutralization, use and (or) waste recycling by producers (importers) of polymeric, glass, paper, cardboard and (or) metal packagings, packaging from the combined materials applied to packing of socially important food products" (it is registered in the Register of state registration of regulatory legal acts for No. 18121).

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

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 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.

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

5. This order becomes effective after ten calendar days after day of its first official publication.

Minister of ecology, geology and natural resources of the Republic of Kazakhstan

S. Brekeshev

Appendix

to the Order the Minister of ecology, geology and natural resources of the Republic of Kazakhstan of November 16, 2021 No. 470

Rules of compensation to producers of socially important food products of the expenses connected with introduction of utilization payment by producers (importers) of polymeric, glass, paper, cardboard and (or) metal packagings, packagings from the combined materials applied to packing of socially important food products

Chapter 1. General provisions

1. These rules of compensation to producers of socially important food products of the expenses connected with introduction of utilization payment by producers (importers) of polymeric, glass, paper, cardboard and (or) metal packagings, packagings from the combined materials applied to packing of socially important food products (further – Rules) are developed according to the subitem 2) of Item 1 of article 388 of the Ecological code of the Republic of Kazakhstan (further – the Code) and determines procedure for compensation to producers of socially important food products of the expenses connected with introduction of utilization payment by producers (importers) of polymeric, glass, paper, cardboard and (or) metal packagings, packagings from the combined materials applied to packing of socially important food products.

2. The operator of expanded obligations of producers (importers) (further – the operator) compensates to producers of the socially important food products (further – producers) approved by the order of the Government of the Republic of Kazakhstan of March 1, 2010 No. 145 "About approval of the list of socially important food products" the money deposited in the form of utilization payment by producers (importers) of polymeric, glass, paper, cardboard and (or) metal packagings, packaging from the combined materials (further – packaging) applied to packing of socially important food products (further – producers (importers) of packaging).

3. The operator performs accounting of the documents confirming introduction of utilization payment by producers (importers) of packaging, and also receipt of compensation by the producers using this packaging for packing of socially important food products.

4. Producers for receipt of compensation provide to the operator no later than 15 (fifteenth) following reporting quarter, the following documents:

1) the statement on receipt of compensation in form according to appendix to these rules;

2) the certificate on introduction of utilization payment for production (import) of packaging issued according to the order of the Government of the Republic of Kazakhstan of October 25, 2021 No. 763 "About approval of Rules of implementation of expanded obligations of producers (importers)";

3) the documents confirming acquisition of packaging for which the utilization payment by her producers (importers) of packaging is made:

delivery notes on acquisition of packaging from producers (importers) of products (goods) on which, (which) expanded obligations of producers (importers) and on which it is provided the certificate on introduction of utilization payment extend;

acts of write-off of packaging in production;

the documents confirming receipt of the packed socially important food products in warehouse (warehouses) of finished goods.

5. Compensation for expenses, connected with introduction of utilization payment by producers (importers) of packaging, is paid to producers based on the documents submitted according to item 4 of these rules.

6. The accounting period for the purpose of receipt of compensation by producers from the operator is quarter in which socially important food products were made.

7. Within 5 (five) working days from the date of provision of the documents specified in item 4 of these rules, the operator performs their check.

In case of establishment of incompleteness of the submitted documents, the operator in the terms specified in part one of this Item gives written motivated refusal in consideration with return of the submitted documents.

After elimination of notes of the operator, producers within 30 (thirty) calendar days repeatedly file petition on receipt of compensation.

8. In case of provision of false information in documents, the operator refuses compensation payment.

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