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LAW OF THE REPUBLIC OF KAZAKHSTAN

of November 15, 2010 No. 351-IV ZRK

About state regulation of production and turnover of biological fuel

(as amended on 05-01-2021)

This Law governs the public relations arising in the field of production and turnover of biological fuel.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) raw materials of biological origin - the products of biological origin including which are breaking up to biochemical components and used for biofuel production;

2) biological fuel - the fuel received by conversion of raw materials of biological origin including bioethanol;

3) biological fuel turnover - processes (stages) of realization (sale or delivery) biofuels, including import (import) and export (export) of biological fuel, and also the related processes of flood, marking, storage and transportation;

4) authorized body in the field of biological fuel turnover - the state body performing management in the field of state regulation of turnover of biological fuel;

5) biological fuel utilization - technological processing of the biological fuel unsuitable for use on purpose, and biofuel production by-products in biological fuel of the set quality or other products;

6) the biofuel production plant - the specialized construction intended for conversion of raw materials in biological fuel;

7) biofuel production - complex of the works on conversion of raw materials providing biological fuel;

8) producer of biological fuel - the legal entity performing production and turnover of biological fuel according to the legislation of the Republic of Kazakhstan;

9) authorized body in the field of biofuel production - the state body performing management in the field of state regulation of biofuel production;

10) bioethanol - the dehydrated ethyl alcohol made from raw materials of biological origin intended for obligatory mixing with oil products or uses for the purpose of production of fuel components, oktanopovyshayushchy additives, fuel additives, ethers, and also other type of biological fuel;

11) the dehydrated ethyl alcohol - the ethyl alcohol which underwent to process of dehydration which share of water constitutes no more than one percent;

12) the denatured bioethanol - the dehydrated ethyl alcohol which underwent to process of mixing with chemicals for the purpose of giving of properties, not allowing use as foodstuff or additives in foodstuff;

13) the passport of production - the document of the established form reflecting indicators of production capacities of the plant on biofuel production, its main characteristics, regulating use of the available equipment for observance of engineering procedure of biofuel production;

14) food raw materials - type of raw materials of the biological origin suitable for production of food products and biological fuel;

15) the accompanying waybill on goods - the unified document necessary for registration of transactions on leave and acceptance of biological fuel.

Article 2. Legislation of the Republic of Kazakhstan on state regulation of production and turnover of biological fuel

1. The legislation of the Republic of Kazakhstan on state regulation of production and turnover of biological fuel is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which are provided by this Law then are applied rules of the international treaty.

Chapter 2. State regulation and support of production and turnover of biological fuel

Article 3. State regulation of production and turnover of biological fuel

1. State regulation of production and turnover of biological fuel is performed by the Government of the Republic of Kazakhstan, authorized bodies in the field of production and turnover of biological fuel and local executive bodies of areas, cities of republican value and the capital.

Other state bodies have the right to regulate the single questions of production and (or) turnover of biological fuel provided by this Law within the competence established by other laws, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

2. The main objectives of state regulation of production and turnover of biological fuel are:

1) decrease in level of emissions of pollutants in the atmosphere;

2) development of production and turnover of biological fuel;

3) ensuring compliance with the legislation of the Republic of Kazakhstan on state regulation of production and turnover of biological fuel.

3. State regulation of production and turnover of biological fuel includes:

1) limiting determination of amounts of production capacities on biofuel production;

2) implementation of the state control in the field of production and turnover of biological fuel;

3) in case of threat of food security establishment of quotas for the food raw materials used for the subsequent conversion in biological fuel.

Article 4. State support of production and turnover of biological fuel

For the purpose of ensuring development of the biofuel market the state performs support of production and turnover of biological fuel by financing of researches on studying of the priority directions of market development of biological fuel.

Article 5.

It is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014 No. 239-V ZRK

Article 6. Competence of authorized body in biofuel production

Authorized body in the field of biofuel production:

1) No. 239-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014

1-1) develops the main directions of state policy in the field of state regulation and support of production and turnover of biological fuel;

Develops 2) and approves within the competence regulatory legal acts in the field of state regulation of biofuel production;

3) No. 239-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014

Develops 4) and approves the list of necessary data for approval of the passport of production;

5) No. 159-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 13.01.2014

6) develops technical regulations;

7) No. 36-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 10.07.2012

8) No. 239-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014

9) No. 159-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 13.01.2014

10) No. 239-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014

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