ORDER OF THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of April 7, 2023 No. 129

About some questions of export of onion from the territory of the Republic of Kazakhstan

According to Item 2 of Article 17 and Item 3 of article 18 of the Law of the Republic of Kazakhstan "On regulation of trading activity" I ORDER:

1. Enter in time till April 28, 2023 quantitative restrictions (quotas) for export from the territory of the Republic of Kazakhstan into the third countries and into the countries of the Eurasian Economic Union of onion (code of the single commodity nomenclature of foreign economic activity of the Eurasian Economic Union from 0703: 070310) in the amount of 20 000 (twenty thousand) tons.

2. Approve the enclosed Rules for apportionment of quantitative restrictions (quotas).

3. And conversions of agricultural products of the Ministry of Agriculture of the Republic of Kazakhstan in the procedure established by the legislation to provide to department of the agrofood markets:

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 Agriculture of the Republic of Kazakhstan after its official publication.

4. To impose control of execution of this order on the supervising vice-Minister of Agriculture of the Republic of Kazakhstan.

5. This order becomes effective from the date of its first official publication and is effective till April 28, 2023.

Approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan of April 7, 2023 No. 129

Rules for apportionment of quantitative restrictions (quotas)

Chapter 1. General provisions

1. These rules of distribution of quantitative restrictions (quotas) (further – Rules) are developed according to Item 3 of article 18 of the Law of the Republic of Kazakhstan "On regulation of trading activity" and determine procedure for distribution of quantitative restrictions (quotas).

2. In these rules the following concepts are applied:

1) authorized body in the field of development of agro-industrial complex (authorized body) – the state body performing state regulation in the field of development of agro-industrial complex;

2) participants of foreign trade activity (further – the applicant) – the physical persons performing foreign trade activity including registered as individual entrepreneurs according to the legislation of the Republic of Kazakhstan and the legal entities created according to the legislation of the Republic of Kazakhstan, and also the organization not being legal entities.

Chapter 2. Procedure for distribution of quantitative restrictions (quotas)

3. The authorized body no later than 1 (one) working day from the date of enforcement of these rules places the announcement of the beginning of distribution of quotas for export of onion on Internet resource of www.gov.kz authorized body (code of the single commodity nomenclature of foreign economic activity of the Eurasian Economic Union 0703: 070310) (further – goods).

In the announcement the following information is specified: date and time of the beginning of distribution of quota, admissible limit on one applicant, the list of necessary documents for receipt of the phytosanitary certificate.

4. After enforcement of these rules in single automated control system for industries of agro-industrial complex "e-Agriculture" (further – IS EASU) creates quantitative limit on issue of phytosanitary certificates on commodity exportation from the territory of the Republic of Kazakhstan according to Item 5 of these rules.

5. On all effective period of quota the admissible limit for one applicant on commodity exportation which in total constitutes no more than 500 (five hundred) tons is set.

6. Distribution of amounts of quotas for commodity exportation from the territory of the Republic of Kazakhstan is performed in IS EASU automatically in case of issue of phytosanitary certificates according to the Rules on protection of the territory of the Republic of Kazakhstan from quarantine objects and alien types approved by the order of the Minister of Agriculture of the Republic of Kazakhstan of June 29, 2015 No. 15-08/590 (it is registered in the Register of state registration of regulatory legal acts No. 12032).

7. Distribution of amounts of quotas for commodity exportation from the territory of the Republic of Kazakhstan is performed in IS EASU on priority according to date and time of receipt of statements for receipt of the phytosanitary certificate for export of quarantine products out of limits of the Republic of Kazakhstan.

8. In case of overload (forming) of export consignments in places of secondary shipment in connection with change of method of transportation, the receiver, the address of the receiver, the place of departure, the quota amount issued in places of initial shipment remains invariable.

9. Distribution of amount of quota for commodity exportation from the territory of the Republic of Kazakhstan between applicants is performed before complete exhaustion of amount of quota on goods.

10. The committee of the state inspection in agro-industrial complex of the Ministry of Agriculture of the Republic of Kazakhstan on daily basis places the following information on Internet resource:

1) the number of the issued quota amount;

2) the available amount of quota which is subject to distribution;

3) the list of the applicants who received commodity exportation quota.

11. Appellate procedure of results of distribution of quantitative restrictions (quotas) is carried out according to the Administrative procedural Procedure Code of the Republic of Kazakhstan.

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