On approval of the standard of the state service "Conclusion of the authorized body of the member states of the Eurasian Economic Union on transit of hazardous wastes through the customs territory of the Eurasian Economic Union"

Invalidated Unofficial translation

Order of the Minister of Energy of the Republic of Kazakhstan dated December 27, 2017 No. 478. Registered with the Ministry of Justice of the Republic of Kazakhstan on February 1, 2018 No. 16301. Abolished by order of the acting Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated June 15, 2020 No. 145.

      Unofficial translation

      Footnote. Abolished by order of the acting Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated June 15, 2020 No. 145 (shall be enforced upon expiry of twenty one calendar days after the day of its first official publication).

      In accordance with subparagraph 1) of article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 "On State Services", I hereby DECREE:

      1. To approve the enclosed standard of the state service "Conclusion of the authorized body of the member states of the Eurasian Economic Union on transit of hazardous wastes through the customs territory of the Eurasian Economic Union".

      2. The Energy Ministry of the Republic of Kazakhstan in accordance with the legislation of the Republic of Kazakhstan shall :

      1) ensure the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

      2) within ten calendar days from the date of state registration of this order, send its copy in paper and electronic form both in the Kazakh and Russian languages to the Republican State Enterprise on the Basis of the Right of Economic Management "Republican Center of Legal Information" for official publication and inclusion in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan;

      3) within ten calendar days after the state registration of this order, send its copy to the periodic printed publications for official publication;

      4) place this order on the Internet resource of the Energy Ministry of the Republic of Kazakhstan;

      5) within ten working days after the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan, submit to the legal Department of the Energy Ministry of the Republic of Kazakhstan the information on execution of activities, provided for in subparagraphs 2), 3) and 4) of this paragraph.

      3. The supervising Vice-Minister of Energy of the Republic of Kazakhstan shall be authorized to oversee the implementation of this order.

      4. This order shall be enforced upon expiry of twenty one calendar days after its first official publication.

      Energy Minister of the Republic of Kazakhstan K. Bozumbayev

      "AGREED":

      Minister of Information and

      Communications

      of the Republic of Kazakhstan

      ___________D. Abayev

      December 29, 2017

      "AGREED":

      Minister of National

      Economy of the

      Republic of Kazakhstan

      ________T. Suleimenov

      January 15, 2018.

  Approved
by Order of the Energy Minister of
the Republic of Kazakhstan
No. 478 dated December 27, 2017

Standard of state service "Conclusion of the authorized body of the member states of the Eurasian Economic Union on transit of hazardous wastes through the customs territory of the Eurasian Economic Union" Chapter 1. General provisions

      1. The state service "Conclusion of the authorized body of the member states of the Eurasian Economic Union on transit of hazardous wastes through the customs territory of the Eurasian Economic Union" (hereafter – the state service).

      2. The standard of the state service shall be developed by the Energy Ministry of the Republic of Kazakhstan (hereinafter – the Ministry).

      3. The state service shall be rendered by the Ministry (hereinafter - service provider). Reception of application and issuance of the result of rendering of the state service shall be carried out through:

      1) the office of the service provider;

      2) web portal of the "electronic government": www.egov.kz (hereinafter – the portal).

Chapter 2. Procedure for rendering the state service

      4. Period of rendering of the state service shall be:

      1) from the time of submission of the document package to the service provider, and when applying to the portal – 30 (thirty) calendar days;

      2) maximum allowable waiting time for submission of the documents by the service recipient – 20 (twenty) minutes;

      3) maximum allowable service time for service recipient - twenty (20) minutes;

      Within two working days from the receipt of the documents of the service recipient, the service provider shall check the completeness of the submitted documents.

      In the event of incompleteness and (or) expiration of submitted documents, the service provider shall refuse to accept the application.

      5. Form of rendering of the state service shall be: an electronic (partially automated) and (or) paper.

      6. The result of rendering of the state service shall be a conclusion of the authorized body of the member states of the Eurasian Economic Union on transit of hazardous wastes through the customs territory of the Eurasian Economic Union in the form according to Annex 1 to this standard of the state service, or a reasonable refusal in rendering of the state service in cases and on the grounds, stipulated by paragraph 10 of this standard of the state service.

      On the portal, the result of rendering of the state service shall be sent and stored on a “personal account” of the service recipient in the form of an electronic document, signed via an electronic digital signature (hereinafter – the EDS) of the authorized person of the service provider.

      In case if the service recipient wishes to receive the result of rendering of the state service on paper, the result of rendering of the state service shall be issued in electronic form, printed and stamped and signed by the authorized person of the service provider.

      7. The state service shall be rendered on a free basis to individuals and legal entities (hereinafter - service recipients).

      8. Working hours of:

      1) the service provider – Monday to Friday from 9.00 to 18.30 with a lunch break from 13.00 to 14.30, except days off and holidays in accordance with the labor legislation of the Republic of Kazakhstan.

      Reception of applications and issuance of the results of rendering of the state service shall be carried out from 9.00 to 17.30 with a lunch break from 13.00 to 14.30.

      The state service shall be rendered in turn, without preliminary registration and accelerated servicing.

      2) the portal – around the clock, except for the technical breaks related to the maintenance works (if the service recipient applies after the end of working hours, days off and holidays in accordance with the labor legislation of the Republic of Kazakhstan, reception of applications and issuance of the results of rendering of the state service shall be carried out the next working day).

      9. The list of documents necessary for rendering of the state service when the service recipient (or the authorized representative: a legal entity under the document, confirming the powers; an individual under the notarized power of attorney) applies:

      1) to the service provider, shall be:

      the ID card (required for identification);

      an application on transit of waste signed by the service recipient, affixed with a seal for legal entities (if any), with indication of the place of residence for individuals and location for legal entities and the list of the attached documents;

      a copy of the contract (agreement) of sale and purchase of the waste or other contract of alienation between the participants of the foreign trade transaction;

      a copy of the contract between the exporter and the manufacturer or the importer and the consumer in case if the applicant acts as an agent;

      the consent in writing of the competent body of the state to the territory of which the waste is imported in accordance with the Law of the Republic of Kazakhstan dated February 10, 2003 "On Accession of the Republic of Kazakhstan to the Basel Convention on Control Over Transboundary Movement of Hazardous Wastes and Their Disposal";

      copies of the contract (agreement) for transportation and a contract between the exporter and the person in charge of waste disposal, stipulating environmentally sound management of these wastes;

      document on transportation of waste according to the form of Annex 2 of this standard of the state service;

      2) for registration of a conclusion on transboundary movement of hazardous wastes, the following documents (hard copies) must be additionally submitted:

      a copy of insurance policy on the mandatory environmental insurance;

      a copy of the action plan in extraordinary emergency situations;

      the passport of hazardous waste;

      a notification about transboundary movement of hazardous wastes (in 3 copies) according to the form of Annex 3 to this standard of the state service;

      3) via the portal:

      an electronic copy of an application on transit of waste signed by the service recipient, affixed with a for legal entities (if any), with indication of the place of residence for individuals and location for legal entities and the list of the attached documents;

      an electronic copy of the contract (agreement) of sale and purchase of waste or other contract of alienation between participants of foreign trade transaction;

      an electronic copy of the contract between the exporter and the manufacturer or the importer and the consumer in case if the applicant acts as an agent;

      an electronic copy of the consent in writing of the competent body of the state to the territory of which the waste is imported in accordance with the Law of the Republic of Kazakhstan dated February 10, 2003 "On Accession of the Republic of Kazakhstan to the Basel Convention on Control Over Transboundary Movement of Hazardous Wastes and Their Disposal";

      an electronic copy of the contract (agreement) for transportation and a contract between the exporter and the person in charge of waste disposal, stipulating environmentally sound management of these wastes;

      an electronic copy of the document on transportation of waste according to the form of Annex 2 to this standard of the state service;

      4) for registration of the conclusion on transboundary movement of hazardous wastes, the following documents must be additionally submitted:

      an electronic copy of insurance policy on mandatory environmental insurance;

      an electronic copy of the action plan in case of extraordinary emergency situations;

      an electronic copy of the passport of hazardous wastes;

      an electronic copy of the notification about transboundary movement of hazardous wastes (in 3 copies) according to form of Annex 3 to this standard of the state service.

      The service provider shall receive the information on identity documents, on the state registration (re-registration) of a legal entity from the corresponding state information systems through the gateway of the "electronic government".

      Request of documents from the service recipients which may be obtained from information systems shall not be allowed.

      Upon the submission of the required documents by the service recipients:

      the service recipient shall be issued a receipt of acceptance of the application indicating the number and date of the acceptance of the application;

      via the portal - the status of acceptance of the request for provision of a state service shall be displayed in the "personal account" of the service recipient,.

      The result of rendering of the state service shall be issued on the basis of the receipt of acceptance of the application and (or) upon presentation of an identity document of the service recipient (or the authorized representative: the document confirming its powers for a legal entity ; the notarized power of attorney for an individual ).

      10. The basis for refusal in rendering the state service shall be:

      1) the establishment of unauthenticity of documents submitted by a service recipient to obtain a state service, and (or) data (information) contained therein ;

      2) incompliance of the service recipient and (or) the submitted materials, objects, data and information necessary for rendering of the state service with the requirements, established by the Rules of import, export and transit of waste, approved by the Decree of the Government of the Republic of Kazakhstan dated July 11, 2007 № 594;

      3) in respect of the service recipient, there is an enforced court decision (judgment) on prohibition of activities or certain activities that require obtaining a state service;

      4) in respect of the service recipient, there is an enforced court decision on the basis of which the service recipient is deprived of the special right, associated with obtaining a state service.

Chapter 3. Procedure for appealing against decisions, actions (inaction) of the central state body, as well as the service provider and (or) its officials concerning rendering of the state services

      11. To appeal against decisions, actions (inaction) of the service provider and (or) its officials concerning rendering of the state services, the complaint shall be addressed to the head of the service provider at the address, stated in paragraph 12 of this standard of the state service.

      The complaint shall be submitted in writing by mail, via the portal or through the office of the service provider in working days.

      The complaint:

      1) of an individual shall indicate his/her surname, name, patronymic (if available), postal address;

      2) of a legal entity - its name, postal address, outgoing number and date. The appeal must be signed by the service recipient.

      Confirmation of acceptance of the complaint shall be its registration (a stamp, receipt number and date) in the office of the service provider indicating the name and initials of the person who accepted the complaint, period and place of the receipt of a response to the complaint.

      The complaint of a service recipient, received by the service provider, shall be subject to consideration within five working days from the date of its registration. A reasoned response about the results of consideration of the complaint shall be sent to the service recipient by post or shall be issued in the office of the service provider.

      When applying via the portal, the information about the appeal procedure may be obtained via the Integrated Call Center 1414, 8 800 080 7777.

      When sending a complaint via the portal, the information on the appeal shall be available to the service recipient from the "personal account", which is updated during the processing of the appeal by the service provider (the notes of delivery, registration, execution, response on consideration or refusal for consideration).

      In case of disagreement with the results of the rendered state service, the service recipient may appeal to the authorized body to assess and monitor the quality of state services.

      The complaint of the service recipient, received by an authorized body to assess and monitor the quality of state services, shall be subject to consideration within fifteen working days from the date of its registration.

      In case of disagreement with the results of the rendered state service, the service recipient shall apply to the court in accordance with the legislation of the Republic of Kazakhstan.

Chapter 4. Other requirements in view of peculiarities of rendering of state service, including those rendered in electronic form

      12. Addresses of places of rendering of state service shall be placed on the Internet resource of the Ministry – www.energo.gov.kz in the section "State Services".

      13. Service recipient shall have an opportunity to receive a state service in an electronic form via the portal subject to availability of the EDS.

      14. A service recipient shall have an opportunity to receive information on the procedure and the status of rendering of the state service in a remote access mode through the "personal account" of the portal and the Integrated Call Center 1414, 8 800 080 7777.

      15. Contact numbers of reference services concerning the rendering of the state services shall be: 8 (7172) 58 00 58, 119 and the Integrated Call Center: 1414, 88000807777.

  Annex 1
to the standard of the state service
"Conclusion of the authorized
body of the member states of the
Eurasian Economic Union on
transit of hazardous wastes through
the customs territory of the
Eurasian Economic Union"
Form

CONCLUSION (permission document)

      № _________ /201 /_____

      _________________________________________________________________________

      (name of the state body of a member state of the Customs Union that issued the conclusion)

      Issued ____________________________________________________________________

      (name of the organization, legal address, country /full name for individuals /)

      Type of transportation ________________________________________________________

      (type of transportation)

      ______________________| |___________________________________________________

      (section of the Single List of Goods) (Customs Commodity Code )

Product Name

Quantity

Unit of measurement




      A sender/a receiver __________________________________________________________

      (name, legal address, country)

      __________________________________________________________________________

      Country of destination/departure _______________________________________________

      Purpose of import (export) ____________________________________________________

      Period of temporary importation (exportation)_____________________________________

      Grounds: __________________________________________________________________

      __________________________________________________________________________

      Additional information _______________________________________________________

      __________________________________________________________________________

      Country of transit____________________________________________________________

      (transit through the territory)

      __________________________________________________________________________

      signature __________ date _______

      Permit is valid until ___________________________

      Stamp here ___________________ (full name) _______________________

      (position)

  Annex 2
to the standard of the state service
"Conclusion of the authorized
body of the member states of the
Eurasian Economic Union on
transit of hazardous wastes through
the customs territory of the
Eurasian Economic Union"
Form

Document of transportation of wastes

1. а) exporter (name, address):

4. а) respectively

5. Serial No. of delivery

Contact person:

Tel.:

Notification No.


Fax:

4. b) transportation on (2)

One-time notification

|_|




General notification

|_|


6. Object for placement/ use (name, address)

1. b) waste producer (name, address) (1):

Contact person

Tel.:

Production method


Fax:

Contact person:

Tel.:
Fax:

7. Methods of placement/use

The facility where waste was generated:

Code D: (3)


Code R: (3)

2. Importer (name, address):

Technology applied

Contact person:

Tel.:


Please contact:

Fax:


3. Person in charge of waste disposal (name, address):

(report details if necessary)

8. Information on insurance: (about the relevant insurance requirements and how they are satisfied by the exporter, carrier and person in charge of disposal)

Details of the insurance contract and insurance policy:

9. 1st carrier (name, address)

10. 2nd carrier (name, address) (4):

11. Last carrier (name, address)

Tel.:

Fax:

Tel.:

Fax:

Tel.:

Fax:

12. Type of transportation (3):

13. Type of transportation (3):

14. Type of transportation (3):




Date/ transshipment point:

Date/ transshipment point:

Date/ transshipment point:

Signature of carrier’s representative

Signature of carrier’s representative

Signature of carrier’s representative

15. Name and chemical composition of waste

16. Physical characteristics (3)




17. Actual quantity kg

18. Type (s) of packaging (3):

19. Waste identification code




International Waste Identification Code:

l


In the country of export

European Waste Catalogue :



In the country of import

Other (specify)



Customs code

21. UN classification:


UN shipping name:

20. OECD classification (2) red |_|

UN number:

UN Class (3):

yellow |_|
 





Number Н (3):

green |_|
 

and number



(specify details)



Number Y:

22. Special handling requirements

23. Exporter (manufacturer) statement:
I confirm that the information in columns 1–9 and 13–21, cited above, is complete and true according to my information. I also confirm that contractual obligations have been established that are legally binding and made in writing, that there are relevant guarantees covering transboundary movement of waste, and that no objections have been received from the competent authorities of all interested states that are parties to the Basel Convention.

24. Actual shipping date





Date:

Signature:


Name:

Filled by the recipient / waste disposal /utilization facility

25. Delivery is received by the recipient (if it is not the waste disposal/utilization facility :

27. I confirm that the disposal /utilization of the waste described above has been made.

Amount received:

kg (l)

Accepted

|_|


Date:


Rejected (5)

|_|
 

Date:

Name:

Signature





Name:

26. Delivery is received at the waste disposal /utilization facility


Amount received:

kg (l)

Accepted (5)

|_|

Signature and stamp:

Date:


Rejected

|_|
 


Name:

Signature


Approximate date of disposal/utilization :


Method of disposal /utilization


Filled by the person in charge of waste disposal

28. Delivery is received by the person in charge of waste disposal:

29. I confirm that the disposal of the waste described above will be made:

Amount received:

kg (l)

Accepted:

|_|


Date:


Rejected (5)

|_|
 

Date:

Name:

Signature



Name:

30. Delivery is received at waste disposal facility:


Amount received:

kg (l)

Accepted (5)

|_|

Signature and stamp:

Date:


Rejected

|_|


Name:

Signature


Approximate date of disposal:

Actual location of the place of disposal:

Method of disposal:




  Annex 3
to the standard of the state service
"Conclusion of the authorized
body of the member states of the
Eurasian Economic Union on
transit of hazardous wastes through
the customs territory of the
Eurasian Economic Union"
Form

Notification about transboundary movement of hazardous wastes

1. Exporter (name, address):

4. Notification, concerning (1):

Notification

N

Contact person:

Tel.:

А. а) one-time transportation |_|

Б. в) disposal |_|


Fax:

б) general notification (multiple transportation)

г) utilization |_|

Reason of export:

B. Object for which permission was previously obtained



2. Importer (name, address):




Contact person:

Tel.:
Fax:

5. Total planned delivery quantity:

6. Expected amount of waste (3): kg (l)


7. Expected delivery dates or period (s):

3. Person in charge of waste disposal (name, address) (2):


Contact person:

Tel.:
Fax:


8. Expected carriers (name, address) (2):

9. Utilization/waste disposal facility (name, address):

Contact person:

Tel.:

Tel.:


Fax:

Fax:

11. Waste producer (s) (name, address) (2):

Actual waste use object

10. Methods of disposal / utilization (2)

Contact person:

Tel.:
Fax:

Code D/Code R (4):
Technology applied:


(Report details if necessary)

12. Information about the signed contract between the exporter and the person in charge of waste disposal

13. Information (including technical description of the enterprise) sent to the exporter or manufacturer by the person in charge of disposal, on the basis of which the latter concludes that the intended disposal may be carried out in an environmentally sound manner and in accordance with the rules and regulations of the country of import:

The facility where waste was generated

14. Type (s) of transportation (4):

15. Type (s) of packaging (4):


16. Information on insurance: (about the relevant insurance requirements and how they are satisfied by the exporter, carrier and person in charge of disposal)

Details of the insurance contract and insurance policy

17. а) Name and chemical composition of waste

17. б) Special handling requirements:

18. Physical characteristics (4):

19. Waste identification code


21. Number Ї (4):

in the country of export:

International Waste Identification Code


in the country of import:

European Waste Catalogue

22. Number Н (4)

Customs code:

Other (specify)


20. OECD classification (1): yellow | _ | red | _ | green | _

23. а) UN Identification:

23. б) UN Class (4):

and number



(attach a detailed description)



24. Interested countries. Code number of the competent authorities and certain points of import and export:

State of export

Transit states

State of import









25. Customs services of the point of import and / or export

27. Statement of the manufacturer (exporter): I confirm that this information is complete and true according to my information. I also confirm that contractual obligations have been established that are legally binding and made in writing, and that there are relevant guarantees covering transboundary movement of waste.

Export point:

26. Number of annexes




Name:

Signature:



Date:


Filled by competent authorities

28. Filled by the competent authority of the country of import, transit

29. Permission of the competent authority for transportation:

Notification received:

Name of the competent authority, stamp and signature

Confirmation sent:


Name of the competent authority:

The validity of the permit until :

Stamp and / or signature:

Special conditions:


Yes








No






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