RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of January 17, 2008 No. 61

About approval of the Regulations on order of registration of transactions about transfer of dangerous wastes for certain term (except the transportation agreement), and also about alienation of dangerous wastes to other legal entity or the individual entrepreneur performing the address with waste

According to article 3 of the Law of the Republic of Belarus of July 20, 2007 "About the address with waste" the Council of Ministers of the Republic of Belarus DECIDES:

1. Approve the enclosed Regulations on order of registration of transactions on transfer of dangerous wastes for certain term (except the transportation agreement), and also about alienation of dangerous wastes to other legal entity or the individual entrepreneur performing the address with waste.

2. To the Ministry of Natural Resources and Environmental Protection till February 2, 2008 to bring the regulatory legal acts into accord with this resolution.

3. This resolution becomes effective since February 2, 2008, except for this Item and Item 2, which become effective from the date of official publication of this resolution.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of January 17, 2008 No. 61

Regulations on order of registration of transactions on transfer of dangerous wastes for certain term (except the transportation agreement), and also about alienation of dangerous wastes to other legal entity or the individual entrepreneur performing the address with waste

1. This Regulations developed according to article 3 of the Law of the Republic of Belarus of July 20, 2007 "About the address with waste" (The national register of legal acts of the Republic of Belarus, 2007, No. 183, 2/1368), is determined order of registration of transactions about transfer of dangerous wastes for certain term (except the transportation agreement), and also on alienation of dangerous wastes to other legal entity or the individual entrepreneur performing the address with waste.

2. Transactions about transfer of dangerous wastes for certain term (except the transportation agreement) to other legal entity or the individual entrepreneur performing the address with waste (further – transactions about transfer of dangerous wastes for certain term) and transactions about alienation of dangerous wastes to other legal entity or the individual entrepreneur performing the address with waste (further – transactions about alienation of dangerous wastes), are subject to registration in territorial authorities of the Ministry of Natural Resources and Environmental Protection (further – territorial authority of Ministry for Protection of the Environment and Natural Resources) in the place of temporary storage, burial, neutralization, use and (or) preparation for use of such waste.

3. Transactions about transfer of dangerous wastes for certain term, the transactions about alienation of dangerous wastes which are not registered in territorial authority of Ministry for Protection of the Environment and Natural Resources are considered insignificant and the consequences of their invalidity established by the civil legislation are applied to them.

4. Registration of transactions about alienation of dangerous wastes is not required:

in case of alienation of dangerous wastes to the legal entity or the individual entrepreneur having special permission (license) for implementation of the activities connected with impact on the environment regarding use of waste of 1-3 classes of danger, neutralization of the waste, waste disposal specified in components of work and service of the licensed activities;

in case of storage, burial, neutralization, use and (or) preparation for use of waste outside the territory of the Republic of Belarus;

when importing and (or) exporting dangerous wastes based on the conclusions (allowing documents) for import and (or) export of the dangerous wastes issued by the Ministry of Natural Resources and Environmental Protection according to the procedure established by the legislation or based on licenses for import and (or) export of the dangerous wastes issued by the Ministry of anti-monopoly regulation and trade according to the Rules of issue of licenses and import permits and (or) commodity import provided by appendix to the Protocol on measures of non-tariff regulation concerning the third countries (appendix No. 7 to the Agreement on the Eurasian Economic Union of May 29, 2014).

5. Transactions about transfer of dangerous wastes for certain term, transactions about alienation of dangerous wastes concerning the waste included in the list of dangerous wastes approved by Council of Ministers of the Republic of Belarus which transactions about transfer for certain term (except the transportation agreement), and also about alienation of which to other legal entity or the individual entrepreneur performing the address with waste are subject to registration are subject to registration.

6. For registration of the transaction about transfer of dangerous wastes for certain term, transactions about alienation of dangerous wastes the legal entity or the individual entrepreneur performing the address with waste to which dangerous wastes are transferred to certain term are alienated dangerous wastes (further – the applicant), show in territorial authority of Ministry for Protection of the Environment and Natural Resources the documents specified in the single list of the ministerial procedures performed by state bodies and other organizations concerning legal entities and individual entrepreneurs, No. 156 approved by the resolution of Council of Ministers of the Republic of Belarus of February 17, 2012 "About approval of the single list of the ministerial procedures performed by state bodies and other organizations concerning legal entities and individual entrepreneurs entering of amendment into the resolution of Council of Ministers of the Republic of Belarus of February 14, 2009 No. 193 and recognition voided some resolutions of Council of Ministers of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2012, No. 35, 5/35330).

7. The territorial authority of Ministry for Protection of the Environment and Natural Resources registering the transaction about transfer of dangerous wastes for certain term, the transaction about alienation of dangerous wastes performs:

registration of the transaction about transfer of dangerous wastes with indication of registration number and registration date on the agreement which subject is transaction, for certain term, transactions about alienation of dangerous wastes or refusal in its registration in the cases specified in Item 9 of this provision;

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