It is registered
Ministry of Justice
Russian Federation
On May 31, 2024 No. 78401
of May 16, 2024 No. 299
About approval of standard form of the guarantee agreement signed in case of commodity importation including goods in packaging, from the states which are not members of the Eurasian Economic Union
According to Items 10 and 16 of article 24.2-1 of the Federal Law of June 24, 1998 "About production wastes and consumption" and Item 1 of the Regulations on the Ministry of Natural Resources and Environmental Protection of the Russian Federation approved by the order of the Government of the Russian Federation of November 11, 2015 No. 1219, I order to No. 89-FZ:
approve standard form of the guarantee agreement signed in case of commodity importation including goods in packaging, from the states which are not members of the Eurasian Economic Union according to appendix to this order.
Acting minister
D.D.Tetenkin
Approved by the Order of the Ministry of Natural Resources and Environmental Protection of the Russian Federation of May 16, 2024 No. 299
(standard form)
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___________________ |
"__" _______________ 20 __. |
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Federal Nature Management Supervision Service <1>, hereinafter referred to as "Creditor", on behalf of _______________________, (position, surname, name, middle name (in the presence) acting on the basis of the _______________________________________, (document details are specified, confirmatory power the Creditor's representative on the conclusion this Agreement) | ||||||
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<2>, | ||||||
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(for the legal entity: name; for the individual entrepreneur: surname, name, middle name (in the presence) |
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hereinafter referred to as "Debtor", on behalf of |
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(position, surname, name, middle name (in the presence) |
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acting on the basis of the |
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(details of the document confirming powers of the representative Dolzhnik on the conclusion of this Agreement are specified) |
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and |
<3>, | |||||
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(for the legal entity: name; for the individual entrepreneur: surname, name, middle name (in the presence) |
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hereinafter referred to as "Guarantor", on behalf of |
, | |||||
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(position, surname, name, middle name (in the presence) |
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acting on the basis of the |
, | |||||
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(details of the document confirming powers of the representative Poruchitel on the conclusion of this Agreement are specified) |
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together referred to as "Parties", signed this Agreement based on Items 10, of the 16th article 24.2-1 of the Federal Law of June 24, 1998 No. 89-FZ "About production wastes and consumption" (further - the Federal Law No. 89-FZ), Articles 361 - 367 Civil codes of the Russian Federation as follows. | ||||||
Under this agreement the Guarantor shall answer to the Creditor for execution by the Debtor of the obligation on payment of sum of money in the amount of the ecological collection arising at the Debtor according to legal regulation in the field of the address with waste <4> in case of commodity import including goods in packaging, from the states which are not members of the Eurasian Economic Union (further - the amount of ecological collection).
2.1. The guarantor shall:
2.1.1. Answer to the Creditor subsidiarno with the Debtor according to the Guarantor of the amount of ecological collection received by the requirement of the Creditor about payment (further - the Requirement to the Guarantor) in case of refusal the Debtor to meet the requirement of the Creditor about payment by the Debtor of the amount of ecological collection (further - the Requirement to the Debtor) or if the Creditor did not receive from the Debtor in reasonable time the answer to the Requirement to the Debtor.
2.1.2. Pay the amount of ecological collection within 15 (fifteen) working days from the date of receipt of the Requirement to the Guarantor on the bank account specified in the Requirement to the Guarantor in case of refusal of the Debtor to meet the Requirement to the Debtor or if the Creditor did not receive from the Debtor in reasonable time the answer to the Requirement to the Debtor. Requirement to the Guarantor cannot be imposed if the Requirement to the Debtor can be met at the expense of the amount of ecological collection which is excessively paid by the Debtor.
2.1.3. Pay the amount of ecological collection on the bank account specified in the Requirement to the Guarantor in case of variation by the Creditor who directed the Requirement to the Guarantor, the objections provided by the Guarantor according to subitem 2.2.1 of Item 2.2 of this Agreement within 5 (five) working days from the date of receipt of the repeated Requirement to the Guarantor.
2.2. The guarantor has the right:
2.2.1. Push against the Requirement to the Guarantor of objection which the Debtor, within the term specified in subitem 2.1.2 of Item 2.1 of this Agreement could provide.
2.3. The creditor shall:
2.3.1. Transfer to the Guarantor together with the Requirement to the Guarantor the documents certifying the Requirement to the Debtor based on which the Guarantor has the right to impose recourse requirement to the Debtor.
2.3.2. Consider the objections provided by the Guarantor according to subitem 2.2.1 of Item 2.2 of this Agreement and not require satisfaction of Requirements to the Guarantor before completion of consideration of said objections and decision making on them.
2.4. The creditor has the right:
2.4.1. Send to the Guarantor Trebovaniye to the Guarantor in case of refusal of the Debtor to meet Trebovaniye to the Debtor or if the Creditor did not receive from the Debtor in reasonable time the answer to Trebovaniye to the Debtor.
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