ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of March 17, 2022 No. 135

About approval of Rules of import to the territory of the Republic of Kazakhstan, export from the territory of the Republic of Kazakhstan and transit of dangerous and other wastes across the territory of the Republic of Kazakhstan

According to Item 2 of article 346 of the Ecological code of the Republic of Kazakhstan the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of import to the territory of the Republic of Kazakhstan, export from the territory of the Republic of Kazakhstan and transit of dangerous and other wastes across the territory of the Republic of Kazakhstan.

2. Recognize to invalid:

1) the order of the Government of the Republic of Kazakhstan of July 11, 2007 No. 594 "About approval of Rules of import, export and transit of waste";

2) the order of the Government of the Republic of Kazakhstan of December 31, 2013 No. 1535 "About modification of the order of the Government of the Republic of Kazakhstan of July 11, 2007 No. 594 "About approval of Rules of import, export and transit of waste".

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

Approved by the Order of the Government of the Republic of Kazakhstan of March 17, 2022 No. 135

Rules of import to the territory of the Republic of Kazakhstan, export from the territory of the Republic of Kazakhstan and transit of dangerous and other wastes across the territory of the Republic of Kazakhstan

Chapter 1. General provisions

1. Rules of import to the territory of the Republic of Kazakhstan, export from the territory of the Republic of Kazakhstan and transit of dangerous and other wastes across the territory of the Republic of Kazakhstan (further - Rules) are developed according to Item 2 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 (further - the Basel convention) and establish 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 - 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 executive body performing management and cross-industry coordination in the field of environmental protection and environmental management and also its territorial authorities;

5) competent authority - the body appointed to bear responsibility, within such geographical areas which can find pertinent, for receipt of the notification on cross-border transportation of dangerous or other wastes and any related information and for providing the answer to such notification.

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.

Chapter 2. Procedure for import to the territory of the Republic of Kazakhstan, export from the territory of the Republic of Kazakhstan and transit of dangerous and other wastes across the territory of the Republic of Kazakhstan

3. Cross-border transportation of dangerous wastes on the territory of the Republic of Kazakhstan is performed based on the conclusion of authorized body in the field of environmental protection (further - the conclusion) according to Item 3 of article 346 of the Code.

The procedure for issue of the conclusion of authorized body in the field of environmental protection is performed according to Rules of pronouncement of the conclusion and form of the conclusion on cross-border transportation of dangerous wastes on the territory of the Republic of Kazakhstan (further - Rules of pronouncement of the conclusion).

4. Import to the territory of the Republic of Kazakhstan from the countries which are not members of the Eurasian Economic Union, and export from the territory of the Republic of Kazakhstan to these countries of dangerous wastes for the purpose of their further recovery are performed based on the license granted by the state body determined by the Government of the Republic of Kazakhstan according to Item 7 of article 346 of the Code.

5. The licensing procedure on import to the territory of the Republic of Kazakhstan from the countries which are not entering into the Eurasian Economic Union, and export from the territory of the Republic of Kazakhstan to these countries of waste is regulated by the Regulations on import to customs area of the Eurasian Economic Union and export from customs area of the Eurasian Economic Union of dangerous wastes approved by the decision of Board of the Eurasian economic commission of April 21, 2015 No. 30 "About measures of non-tariff regulation" (further - the decision of Board).

6. On the territory (on the territory) the Republic of Kazakhstan import from the countries which are not entering into the Eurasian Economic Union, or export to these countries of the dangerous wastes given in Section 1.2 of the single inventory concerning which the prohibition of import to customs area of the Eurasian Economic Union and (or) export from customs area of the Eurasian Economic Union approved by the decision of Board is established (further - the single list) cannot be performed.

On the territory (on the territory) the Republic of Kazakhstan import from the countries which are not entering into the Eurasian Economic Union, or export to these countries of the dangerous wastes given in Section 2.3 of the single inventory concerning which the allowing procedure for import to customs area of the Eurasian Economic Union and (or) export from customs area of the Eurasian Economic Union approved by the decision of Board is established can be performed.

7. Import, export, transit of dangerous wastes are performed according to the Basel convention and the single list.

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