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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of January 27, 2016 No. 28

About approval of Rules of implementation of expanded obligations of producers (importers)

According to subitem 4-2) of article 16 of the Ecological code of the Republic of Kazakhstan of January 9, 2007 the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of implementation of expanded obligations of producers (importers).

2. This resolution becomes effective from the date of its first official publication.

Prime Minister of the Republic of Kazakhstan

K. Masimov

Approved by the Order of the Government of the Republic of Kazakhstan of January 27, 2016 No. 28

Rules of implementation of expanded obligations of producers (importers)

1. General provisions

1. These rules of implementation of expanded obligations of producers (importers) (further - Rules) are developed according to subitem 4-2) of article 16 of the Ecological code of the Republic of Kazakhstan of January 9, 2007 (further - the Code) and determine procedure for implementation of expanded obligations by producers (importers).

2. In these rules the following basic concepts are used:

1) expanded obligations of producers (importers) - the obligation of the physical persons and legal entities performing production in the territory of the Republic of Kazakhstan and (or) import to the territory of the Republic of Kazakhstan of products (goods) on ensuring collection, the transportation, conversion, neutralization, use and (or) waste recycling which are formed after loss of consumer properties of products (goods) on which, (which) expanded obligations of producers (importers), and its packagings extend;

2) the list - the list of products (goods) on which, (which) expanded obligations of producers (importers) extend, approved by authorized body in the field of environmental protection;

3) products (goods) - products (goods) included (included) in the list;

4) packaging of products (goods) - means or complex of the means providing protection of products (goods) against damages, spoil and losses;

5) raw materials and materials - any mineral, component, detail or other goods used for receipt of finished goods by means of engineering procedure;

6) producers - the physical persons and legal entities performing production in the territory of the Republic of Kazakhstan of products (goods);

7) importers - the physical persons and legal entities performing import to the territory of the Republic of Kazakhstan of products (goods);

8) the operator of expanded obligations of producers (importers) (further - the operator) - the legal entity determined by the Government of the Republic of Kazakhstan performing the organization of collection, transportation, conversion, neutralization, use and (or) waste recycling, formed after loss of consumer properties of products (goods) on which, (which) expanded obligations of producers (importers), and its packagings extend;

9) payment for the organization of collection, transportation, conversion, neutralization, use and (or) waste recycling (further - payment) - the payment to the operator performed by the producer (importer) for the organization of collection, transportation, conversion, neutralization, use and (or) waste recycling, formed after loss of consumer properties of products (goods) on which, (which) expanded obligations of producers (importers), and its packagings extend;

10) the agreement on the organization of collection, transportation, conversion, neutralization, use and (or) waste recycling, formed after loss of consumer properties of products (goods) on which, (which) expanded obligations of producers (importers), and its packagings (further - the agreement) - the agreement signed between the operator and the producer (importer), based on the standard agreement expatiate on the organization of collection, transportation, conversion, neutralization, use and (or) waste recycling, formed after loss of consumer properties of products (goods) on which, (which) expanded obligations of producers (importers), and its packagings extend;

11) the specialized organizations - the individual entrepreneurs and legal entities performing one or several types of activity on collection, transportation, conversion, neutralization, use, the waste recyclings which are formed after loss of consumer properties of products (goods), and its packaging;

12) the document on completeness of payment - the document in which information is provided in electronic and digital form and is certified by means of the digital signature, confirming payment of payment in full, for the purpose of execution of expanded obligations by producers (importers).

Other concepts and determinations used in these rules are applied according to the legislation of the Republic of Kazakhstan.

3. Requirements for expanded obligations of producers, (importers) do not extend to producers (importers) specified in Item 2 of article 285-1 of the Code.

4. Producers (importers) provide collection, transportation, conversion, neutralization, use and (or) waste recycling, the consumer properties of products (goods) which are formed after loss on which, (which) expanded obligations of producers, importers, and its packagings, one of the following methods extend:

1) use of own system of collection, conversion and waste recycling (further - own system of collection), requirements to which are determined by authorized body in the field of environmental protection.

The requirement for use of own system of collection does not extend to producers and importers of automotive vehicles;

2) the conclusion with the operator of the agreement and introduction on the bank account of the operator of money in the form of payment.

5. The payment is made by the producers, importers who signed the contract with the operator.

6. The payment is estimated based on method of calculation of the payment approved by authorized body in the field of environmental protection. The payment is paid in national currency of the Republic of Kazakhstan by producers and importers on the bank account of the operator. Information on the bank account is placed on Internet resource of the operator.

7. The payment is not paid concerning products (goods) made in the territory of the Republic of Kazakhstan and imported on the territory of the Republic of Kazakhstan including placed under customs procedure of release for internal consumption before the date of entry into force of these rules.

8. Expanded obligations of producers (importers) are considered as performed:

1) for producers, importers who signed the contract with the operator - from the moment of introduction of payment;

2) for producers (importers) applying own system of collection - from the date of representation to the operator of documents and confirmation by the operator of accomplishment of collection, the conversion and (or) waste recycling formed after loss of consumer properties of products (goods).

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