ORDER OF THE MINISTRY OF ECONOMICS OF UKRAINE, MINISTRY OF PROTECTION OF THE SURROUNDING ENVIRONMENT OF UKRAINE, STATE CUSTOMS SERVICE OF UKRAINE

of July 30, 2009 No. 789/414/709

About approval of the Procedure of customs clearance of import goods in container and packaging materials

According to the Items "in", "p" of article 17 of the Law of Ukraine "About waste", the resolution of the Cabinet of Ministers of Ukraine of July 26, 2001 N 915 "About implementation of system of collection, procurement and waste recycling as secondary raw materials" (with changes) we ORDER:

1. Approve the Procedure of customs clearance of import goods in container and packaging materials which is applied.

2. Consignees (importers) and persons authorized on declaring to assign control of fulfillment of requirements of this Procedure to Republican committee of the Autonomous Republic of Crimea on protection of the surrounding environment and special divisions of the Ministry of protection of the surrounding environment of Ukraine.

3. To provide to the Ministry of Economics of Ukraine provision in accordance with the established procedure of this order on state registration in the Ministry of Justice of Ukraine.

4. To the ministry of protection of the surrounding environment of Ukraine together with State-owned company of Ukrekokomresursa (further - the Company) to perform actions for creation of information and analysis center for implementation of accounting, control and information analysis about amounts of import goods in container and packaging materials.

5. To impose control over the implementation of this order on the Minister of protection of the surrounding environment of Ukraine G. Filipchuk and the Chairman of the State Customs Service of Ukraine A. Makarenko.

6. This order becomes effective from the date of its official publication.

Approved by the Order of the Ministry of Economics of Ukraine, the Ministry of protection of the surrounding environment of Ukraine, the State Customs Service of Ukraine of July 30, 2009, No. 789/414/709

Procedure of customs clearance of import goods in container and packaging materials

I. General provisions

1.1. This Procedure is developed for the purpose of control of container and packaging materials in which on the territory of Ukraine import goods arrive.

1.2. Action of this Procedure extends to all types of container and packaging materials in which goods arrive on customs area of Ukraine if these goods are subject to customs clearance in import regime.

1.3. Action of this Procedure does not extend to container and packaging materials of export products, bread, bakery products and milk, products of humanitarian and technical assistance, and also container and packaging materials which are declared in customs regime of temporary import.

II. Customs clearance

2.1. The customs clearance of import goods in container and packaging materials is performed according to requirements of the legislation of Ukraine, including this Procedure.

2.2. The basis for customs clearance is availability in the left bottom corner on reverse side of leaf with designation 1/6 of the single administrative document of the MD-2, form of personal seal "Import is resolved" the state inspector from protection of the surrounding environment of territorial authorities and special divisions of the Ministry of protection of the surrounding environment of Ukraine (further - the state ecoinspector).

2.3. Personal seal of the state ecoinspector of post of environmental control on customs area of Ukraine "Import is resolved" is put down after creation of the sheet about accounting and calculation of container and packaging materials in which the goods which are subject to customs clearance in import regime arrive (further - the Sheet), in the form given in appendix 1, according to requirements of this Procedure.

2.4. The receiver (importer) of goods or person authorized on declaring need to constitute the Sheet.

2.5. The sheet is constituted in the presence of the contract from the organization of collection, procurement and utilization of container and packaging materials (daleedogovor) with the Company or in the presence of supporting documents of rather independent acceptance and utilization of the used container and packaging materials.

2.6. Two copies of the Sheet and its electronic copy containing data on the receiver's details, the name, tare weight and packaging materials, the Agreement, fee and so forth are provided to the state ecoinspector.

2.7. After verification of the Sheet on compliance to shipping documents the state ecoinspector registers it by assignment of the future issue and its entering in register of data on accounting and calculation of container and packaging materials in which the goods which are subject to customs clearance in import regime arrive (further - the online magazine) which is conducted electronically which sample is given in appendix 2 to this Procedure.

2.8. On two copies of the Sheet the state ecoinspector puts down stamp "Is entered in the database" which sample is given in appendix 3.

2.9. The first copy of the Sheet together with the copy of the payment document (in case of the conclusion of the Agreement) about payment of services in the rates approved by Item 2 of the resolution of the Cabinet of Ministers of Ukraine of July 26, 2001 N 915 "About implementation of system of collection, procurement and waste recycling as secondary raw materials" in accordance with the terms of the Agreement remains at the state ecoinspector, and the second returns to consignee (importer) or person, the representative to perform declaring.

2.10. After that the state ecoinspector puts down on reverse side of MD-2 GTD personal seal "Import is resolved".

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