ORDER OF THE MINISTER OF TRADE AND INTEGRATION OF THE REPUBLIC OF KAZAKHSTAN

of January 18, 2024 No. 44-HK

About approval of requirements for destruction or utilization or conversion, or the return export out of limits of the Republic of Kazakhstan of the withdrawn products which are not subject to application in the economic and other activity which is not conforming to requirements of technical regulations and posing threat to the rights and legitimate interests of physical persons and legal entities, to life and health of the person, the environment

According to Item 6 of article 44 of the Law of the Republic of Kazakhstan "About technical regulation" PRIKAZYVAYU:

1. Approve the enclosed requirements for destruction or utilization or conversion, or return export out of limits of the Republic of Kazakhstan of the withdrawn products which are not subject to application in the economic and other activity which is not conforming to requirements of technical regulations and posing threat to the rights and legitimate interests of physical persons and legal entities, to life and health of the person, the environment.

2. To provide to committee of technical regulation and metrology of the Ministry of Trade and integration 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 the Internet - resource of the Ministry of Trade and integration of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising vice-Minister of Trade and integration of the Republic of Kazakhstan.

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

Approved by the Order of the Minister of Trade and integration of the Republic of Kazakhstan of January 18, 2024 No. 44-HK

Requirements for destruction or utilization or conversion, or return export out of limits of the Republic of Kazakhstan of the withdrawn products which are not subject to application in the economic and other activity which is not conforming to requirements of technical regulations and posing threat to the rights and legitimate interests of physical persons and legal entities, to life and health of the person, the environment

1. These Requirements for destruction or utilization or conversion, or return export out of limits of the Republic of Kazakhstan of the withdrawn products which are not subject to application in the economic and other activity which is not conforming to requirements of technical regulations and posing threat to the rights and legitimate interests of physical persons and legal entities, to life and health of the person, the environment (further - Requirements) are developed according to Item 6 of article 44 of the Law of the Republic of Kazakhstan "About technical regulation" and establish requirements for destruction or utilization or conversion, or return export out of limits of the Republic of Kazakhstan of the withdrawn products which are not conforming to requirements of technical regulations and posing threat to the rights and legitimate interests of physical persons and legal entities, to life and health of the person, the environment.

2. The withdrawn products, are liable to destruction or utilization or conversion, or the return export out of limits of the Republic of Kazakhstan with observance of these Requirements.

3. After decision of court about deprivation of the subject of supervision of right of possession, use and (or) the order of products the territorial subdivision of department which issued the decree on withdrawal of products within 2 (two) working days notifies other territorial subdivisions on need of withdrawal of the this products in all territory of the Republic of Kazakhstan and the subsequent destruction or utilization or conversion, or return export out of limits of the Republic of Kazakhstan.

4. For determination of method of destruction or utilization or conversion, or the return export out of limits of the Republic of Kazakhstan of the withdrawn products and coordination of these works the permanent commission as a part of at least 3 (three) people is created.

The structure of the commission is created of number of persons employed of territorial subdivision of department of authorized body in the field of technical regulation (further - territorial subdivision) with inclusion of representatives in it of local executive body, territorial subdivision of department of authorized body in the field of environmental protection, non-governmental organizations and associations (in coordination).

Commission chairman is the head of territorial subdivision who provides control over work of the commission.

The employee of territorial subdivision is appointed the secretary of the commission.

5. The secretary of the commission from the date of receipt of the judgment about deprivation of the subject of supervision of right of possession, use and (or) the order of the withdrawn products within 3 (three) working days, organizes participation of all members of the commission in determination of method of destruction or utilization or conversion, or the return export out of limits of the Republic of Kazakhstan of the withdrawn products and coordination of transfer to the withdrawn products on destruction or on utilization or conversion, or export out of limits of the Republic of Kazakhstan.

The method of conversion is chosen depending on products type when products lose initial consumer properties and can be transformed to raw materials, energy, products with other consumer properties with observance of mandatory requirements of the legislation in the field of environmental protection and sanitary and epidemiologic wellbeing of the population.

If the withdrawn products are not subject to conversion, these products are destroyed or utilized technically by available method (thermal, chemical, mechanical, biological) or back exported out of limits of the Republic of Kazakhstan with observance of mandatory requirements of the legislation in the field of environmental protection and sanitary and epidemiologic wellbeing of the population.

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