Unofficial translation
In accordance with subparagraph 15) of paragraph 1 of Article 388 of the Environmental Code of the Republic of Kazakhstan dated January 2, 2021, the Government of the Republic of Kazakhstan HEREBY RESOLVES:
1. To approve the attached Rules for financing by the operator of extended obligations of producers (importers) of an organization fifty or more percent of voting shares (stakes in the authorized capital) of which are directly or indirectly owned by the state and (or) the national managing holding, for further financing of projects in the manufacturing industry, aimed at improving the state of the environment.
2. This Resolution shall enter into force upon expiry of ten calendar days after the day of its first official publication.
Prime-Minister of the Republic of Kazakhstan |
A. Mamin |
Approved by the Resolution of the Government of the Republic of Kazakhstan dated September 2, 2021 №604 |
The Rules for financing by the operator of extended obligations of manufacturers (importers) of an organization, fifty or more percent of voting shares (stakes in the authorized capital) of which directly or indirectly owned by the state and (or) the national management holding, for further financing of projects in the manufacturing industry aimed at improving the state environment
Footnote. Rules – as amended by the Decree of the Government of the Republic of Kazakhstan dated 07.03.2024 №156 (shall come into effect upon the expiration of ten calendar days after the day of its first official publication).
Chapter 1. General Provisions
1. These Rules for financing by the operator of extended obligations of manufacturers (importers) of an organization, fifty or more percent of voting shares (stakes in the authorized capital) of which directly or indirectly owned by the state and (or) the national management holding, for further financing of projects in the manufacturing industry aimed at improving the state environment (hereinafter referred to as the Rules), shall determine the procedure and conditions for the operator to finance extended obligations of manufacturers (importers) of an organization, fifty or more percent of the voting shares (stakes in the authorized capital) of which directly or indirectly belong to the state and (or) the national manager holding for further financing of projects in the manufacturing industry aimed at improving the environment.
2. These Rules shall use the following basic concepts:
1) loan agreement - an agreement under which the operator shall undertake to transfer to the ownership of the organization a certain amount of funds to finance projects in the manufacturing industry, and the organization shall undertake to promptly return the funds to the operator, taking into account the terms of these Rules;
2) authorized body in the field of environmental protection - the central executive body exercising leadership and intersectoral coordination in the field of environmental protection;
3) operator of extended obligations of manufacturers (importers) (hereinafter referred to as the Operator) – a legal entity determined by the Government of the Republic of Kazakhstan that organizes the collection, transportation, processing, neutralization, use and (or) disposal of waste generated after the loss of consumer properties of products (goods), which is (are) subject to extended obligations of manufacturers (importers) and its (their) packaging;
4) the authorized body in the field of state stimulation of industry (hereinafter referred to as the Authorized body) - the central executive body exercising management in the field of industry, as well as, within the limits provided for by the legislation of the Republic of Kazakhstan, intersectoral coordination and participation in the implementation of state stimulation of industry;
5) project in the manufacturing industry - a project in the manufacturing industry aimed at improving the state of the environment by:
updating vehicles, and self-propelled agricultural machinery by stimulating consumer demand in the Republic of Kazakhstan;
breakthrough project aimed at implementing technological and innovative solutions;
construction of plants (productions) for preparation for reuse, processing, reprocessing, sorting and subsequent processing and (or) disposal of waste, improvement of the material and technical base of organizations engaged in collection, transportation, preparation for reuse, sorting, processing, reprocessing and (or) waste disposal, organization of energy waste management;
acquisition of equipment (including fire fighting vehicles, small forest fire complex, and tractor) and (or) equipment of domestic and (or) foreign production that meets environmental requirements determined by technical regulations, for organizing the prevention of forest fires and their extinguishing by forestry institutions and environmental organizations;
acquisition of machinery and (or) equipment of domestic and (or) foreign production that meets the environmental requirements determined by technical regulations for the harvesting, and processing of wood and other forest products during clear sanitary felling by forestry institutions and environmental organizations;
6) organization – “Industrial Development Fund” joint stock company, created in accordance with the Decree of the Government of the Republic of Kazakhstan dated August 18, 2020 №521 “On the creation of the Industrial Development Fund” to provide affordable financing for breakthrough manufacturing projects on the terms specified in the documents of the State Planning System;
7) technical regulations – concerning vehicles – technical regulations of the Customs Union “On the safety of wheeled vehicles” (TR CU 018/2011), approved by decision of the Customs Union Commission of December 9, 2011 №877, concerning self-propelled agricultural machinery – technical regulations Customs Union “On the safety of machinery and equipment” (TR CU 010/2011), approved by decision of the Customs Union Commission dated October 18, 2011 №823, or technical regulations of the Customs Union “On the safety of agricultural and forestry tractors and trailers for them” (TR CU 031/2012), approved by decision of the Council of the Eurasian Economic Commission dated July 20, 2012 №60;
8) leasing company – a legal entity carrying out financial leasing in accordance with the requirements of the Law of the Republic of Kazakhstan “On Financial Leasing”;
9) self-propelled agricultural machinery - a technical tool designed to increase labour productivity in agriculture through mechanization and automation of individual operations or technological processes, independently driven by an internal combustion engine with a displacement of over 50 cubic centimeters or an electric motor(s) of maximum (total) power of more than 4 kW.
3. Projects in the manufacturing industry, financed by the operator, are selected in accordance with these Rules and internal regulations of the organization, while aimed at updating vehicles, and self-propelled agricultural machinery by stimulating consumer demand in the Republic of Kazakhstan, on the following conditions:
1) final amount of financing by the operator:
in 2022, projects in the manufacturing industry related to updating vehicles by stimulating consumer demand in the Republic of Kazakhstan for new domestically produced passenger vehicles amount to 100000000000 (one hundred billion) tenge, for domestically produced buses - 30000000000 (thirty billion) tenge and for self-propelled agricultural domestically produced equipment – 30000000000 (thirty billion) tenge;
in 2023, projects in the manufacturing industry related to updating equipment by stimulating consumer demand in the Republic of Kazakhstan for self-propelled agricultural equipment of domestic production - 20000000000 (twenty billion) tenge;
2) the organization shall borrow from the operator on the following basic conditions:
100000000000 (one hundred billion) tenge at an interest rate of 0.1% in a single payment for the entire loan term, with a loan term of 30 years, intended purpose: for further financing of projects in the manufacturing industry aimed at improving the environment by stimulating consumer demand and updating transport funds in the Republic of Kazakhstan, within the framework of conditional financing of second-tier banks (hereinafter referred to as borrowers) for financing individuals - buyers of domestically produced passenger vehicles, as the final borrowers repay their obligations to borrowers, the returned funds are sent by the organization for further financing of projects in the manufacturing industry aimed at improving the state of the environment by stimulating consumer demand and updating vehicles in the Republic of Kazakhstan, within the framework of conditional financing of lessees purchasing domestically produced eco-class buses in accordance with technical regulations from vehicle manufacturers who have entered into an agreement on the industrial assembly of vehicles in accordance with the conditions of subparagraph 9) paragraph 3 of these Rules;
30000000000 (thirty billion) tenge at an interest rate of 0.01% in a single payment for the entire loan term, with a loan term of 30 years, intended purpose: for further financing of projects in the manufacturing industry aimed at improving the environment by stimulating consumer demand and updating transport funds in the Republic of Kazakhstan, within the framework of conditional financing of social and entrepreneurial corporations (hereinafter referred to as SEC) under local executive bodies and (or) carriers (hereinafter collectively referred to as Bus lessees) purchasing domestically produced environmentally friendly buses in accordance with technical regulations from vehicle manufacturers, who have agreed on the industrial assembly of vehicles, with their subsequent provision for joint management of legal entities and individual entrepreneurs working in the field of passenger transportation;
30000000000 (thirty billion) tenge at an interest rate of 0.1% in a single payment for the entire loan term, with a loan term of 15 years, intended purpose: for further financing of projects in the manufacturing industry aimed at improving the environment by stimulating consumer demand and updating self-propelled agricultural machinery in the Republic of Kazakhstan, within the framework of conditional financing of leasing companies to finance subjects of the agro-industrial complex purchasing new domestically produced equipment under financial leasing that meets the environmental requirements determined by the technical regulations of domestic manufacturers who have entered into an agreement on the industrial assembly of agricultural machinery (hereinafter referred to as the Lessees of the equipment);
20000000000 (twenty billion) tenge at an interest rate of 0.1% in a single payment for the entire loan term, with a loan term of 15 years, intended purpose: for further financing of projects in the manufacturing industry aimed at improving the environment by stimulating consumer demand and updating self-propelled agricultural machinery in the Republic of Kazakhstan, within the framework of conditional financing of leasing companies to finance equipment lessees;
repayment of the principal debt - at the end of the term with the right of early repayment at the initiative of the organization;
borrowing shall be carried out by the organization from the operator without the provision of security;
3) the organization shall enter into loan agreements with borrowers on the following basic conditions:
rate – no more than 1.0% per annum;
term – until July 31, 2030;
payment of interest on the loan - once a year;
the period for borrowers to disburse loan funds is up to 18 months from the date of conclusion of the loan agreement/additional agreement to the loan agreement between the organization and the borrower to increase the loan amount;
currency – tenge;
repayment of the principal debt - at the end of the term with the right of partial or full early repayment;
within the framework of the loan agreement, funds shall be used to finance individuals - buyers of domestically produced passenger vehicles, while borrowers are prohibited from using allocated funds to invest in foreign currency or other instruments that do not correspond to the intended purpose of the loan;
other terms of the loan agreement shall be established in accordance with the requirements of the organization and (or) by agreement of the parties;
4) the financing limit for each domestic manufacturer of passenger vehicles shall be determined by the decision of a commission consisting of representatives of industrial enterprises participating in financing under these Rules, approved by the Industrial Development Committee of the authorized body, and approved by the board of the organization.
Financing of lessees, including buses and equipment, shall be carried out by the organization and leasing companies as applications from lessees are received without allocating a financing limit to each domestic manufacturer of buses and self-propelled agricultural equipment.
The list of domestic manufacturers of buses and self-propelled agricultural machinery participating in financing under these Rules shall be provided to the organization by the relevant department of the authorized body;
5) in cases of misuse and (or) untimely use of allocated funds, and (or) untimely return to the organization of funds repaid by the final borrowers, as well as the occurrence of cases provided for in the loan agreement between the organization and the borrower, the organization shall have the right to terminate the relevant loan agreement early and withdraw placed funds for which the above violations were identified;
6) in the event of early repayment by the borrower of the loan, the reuse of these funds shall be carried out based on decisions of the authorized bodies of the organization;
7) basic conditions for financing final borrowers purchasing domestically produced cars:
target group - individuals - buyers of domestically produced passenger vehicles of environmental class in accordance with technical regulations;
the loan shall be provided to final borrowers on the terms of intended use, payment, urgency, repayment and security, including:
the amount of financing for 1 unit of passenger vehicles is no more than 10,000,000 (ten million) tenge when the cost of the passenger vehicle is not more than 15,000,000 (fifteen million) tenge;
financing per final borrower shall be provided no more than once during two years;
period – no more than 7 years;
down payment – from 0%;
currency – tenge;
the nominal interest rate for the final borrower shall not exceed 4.0% per annum. Herein, the annual effective interest rate for the final borrower, determined in accordance with the requirements of the National Bank of the Republic of Kazakhstan, shall not exceed 7.5% per annum, taking into account the costs of the final borrower for insurance and registration of vehicles (including as collateral). The requirements of the National Bank of the Republic of Kazakhstan shall be provided for in the Rules for calculating interest rates in reliable, annual, effective, comparable terms (real value) for loans and deposits, approved by Resolution of the Board of the National Bank of the Republic of Kazakhstan dated March 26, 2012 №137, as well as the Rules for calculating annual effective interest rates on microloans provided, approved by Resolution of the Board of the National Bank of the Republic of Kazakhstan dated November 26, 2019 №208;
final borrowers shall pay the costs of insurance and registration of domestically produced passenger vehicles as collateral;
8) the organization shall enter into financial leasing agreements with bus lessees purchasing domestically produced buses on the following basic conditions:
term – up to 7 years;
rate for the bus lessee – 0.01% in a one-time payment for the entire leasing term;
initial payment (advance payment) for leasing – from 0% of the cost of the leased asset;
additional expenses (insurance, service and maintenance of the leased item) - at the expense of the bus lessee;
within the framework of agreements on joint activities, the lessee of the joint venture company shall not have the right to increase the carrier’s expenses associated with the payment of remuneration and other commissions for the use of the leased asset;
financing of bus lessees shall be revolving, payments from the repayment of the existing lease shall be again sent to conclude new financial leasing agreements with bus lessees;
financing conditions cannot be taken advantage of by carriers (including those carrying out joint activities with SEC) that operate in cities of republican significance and (or) regional centers of the Republic of Kazakhstan, and in the absence of carriers’ applications approved by the organization for financing (including those carrying out joint activities with SEC) after one year from the date of their receipt from the operator or the date of their return on the revolving principle, the organization shall have the right to finance carriers (including those carrying out joint activities with SEC) carrying out transportation in the regional centers of the Republic of Kazakhstan;
When financing carriers that are not SEC, the mandatory requirements of the organization shall be the provision of a guarantee of full joint liability for this carrier on the part of the SEC for the obligations of the carrier and (or) financing it within the framework of a public-private partnership, and (or) sufficiency of security for the obligations of this carrier in accordance with the internal acts of the organization;
other terms of the financial leasing agreement are established in accordance with the requirements of the organization and (or) by agreement of the parties;
9) the organization shall enter into financial leasing agreements with lessees purchasing domestically produced buses on the following basic conditions:
term – up to 7 years;
rate – 7.0% per annum, while the specified remuneration rate is established by mixing the operator’s funds with other funds of the organization in a ratio of 80/20;
initial payment (advance payment) for leasing – from 15% of the cost of the leased asset. Herein, for bus models produced by a method that includes welding and painting operations, the advance payment shall be at least 5%;
the organization shall consider applications from lessees for domestically produced buses, with priority, those produced with technological operations for welding and painting the body;
other terms of the financial leasing agreement shall be established in accordance with the requirements of the organization and (or) by agreement of the parties;
10) the organization shall enter into loan agreements with leasing companies on the following basic conditions:
rate – no more than 0.35% per annum;
term – up to 15 years;
payment of interest on the loan – once a year;
the period for disbursement of loan funds by leasing companies – up to 18 months from the date of conclusion of the loan agreement/additional agreement to the loan agreement between the organization and the leasing company to increase the loan amount;
currency – tenge;
repayment of the principal debt – at the end of the term with the right of partial or full early repayment;
within the framework of the loan agreement, funds are used to finance equipment lessees, while leasing companies shall be prohibited from using allocated funds to invest in foreign currency or other instruments that do not correspond to the intended purpose of the loan;
in cases of misuse and (or) untimely use of allocated funds, as well as the occurrence of cases provided for in the loan agreement between the organization and the leasing company, the organization shall have the right to terminate the relevant loan agreement early and recall the allocated funds for which the above violations were identified;
other terms of the loan agreement are established in accordance with the requirements of the organization and (or) by agreement of the parties;
11) the leasing company shall enter into financial leasing agreements with equipment lessees purchasing self-propelled agricultural equipment of domestic production, on the following basic conditions:
term – up to 10 years;
rate – 6.0% per annum. The interest rate of 6.0% per annum is established by mixing the organization’s funds with other funds of leasing companies in a ratio of 80/20. To maintain the interest rate of 6.0% per annum for revolving financing, leasing companies are allowed to change the proportion of mixing funds;
initial payment (advance payment) for leasing – from 0% of the cost of the leased asset;
repayment of the principal debt – once a year;
additional expenses (insurance, service and maintenance of the leased item) - at the expense of the lessee of the equipment;
financing of equipment lessees shall be revolving (within the amount of the loan raised from the organization), payments from the repayment of the existing lease shall be again sent to conclude new financial leasing agreements with equipment lessees;
the amount of financing per lessee of equipment shall be no more than 205,000,000 (two hundred five million) tenge and no more than three units of self-propelled agricultural equipment, financing per lessee of equipment shall be provided no more than once during two years. If the total cost of the leased items exceeds the amount of financing established by the Rules for one lessee of the equipment, the latter shall have the right to pay the difference in the form of a down payment (advance) to the lessor;
other terms of the financial leasing agreement shall be established in accordance with the requirements of the leasing company and (or) by agreement of the parties.
4. Projects in the manufacturing industry for the construction of plants (productions) for preparation for reuse, processing, reprocessing, sorting, subsequent processing and (or) disposal of waste, improvement of the material and technical base of organizations engaged in collection, transportation, preparation for reuse, sorting, processing, reprocessing and (or) disposal of waste, organizing energy recycling of waste, purchasing equipment (including fire fighting vehicles, small forest fire complex, tractor) and (or) equipment of domestic and (or) foreign production that meet the environmental requirements defined technical regulations, to organize the prevention of forest fires and their extinguishing by forest institutions and environmental organizations, the acquisition of machinery and (or) equipment of domestic and (or) foreign production that meets the environmental requirements determined by the technical regulations for the harvesting, processing of wood and other forest products when carrying out clear sanitary felling by forest institutions and environmental organizations, financed by the operator, shall be selected in accordance with these Rules and internal acts of the organization on the following conditions:
1) final amount of financing by the operator:
in 2024 - 2026, the total volume of financing of projects in the manufacturing industry for the construction of plants (productions) for preparation for reuse, processing, reprocessing, sorting, subsequent processing and (or) disposal of waste, improving the material and technical base of organizations involved in collection, transportation, preparation for reuse, sorting, processing, reprocessing and (or) disposal of waste, organizing energy waste disposal, purchasing equipment (including fire fighting vehicles, small forest fire complex, tractor) and (or) equipment of domestic and (or) foreign production, meeting the environmental requirements defined by the technical regulations, for organizing the prevention of forest fires and extinguishing them by forestry institutions and environmental organizations, the acquisition of machinery and (or) equipment of domestic and (or) foreign production that meet the environmental requirements defined by the technical regulations for harvesting, processing of wood and other forest products during clear sanitary felling by forestry institutions and environmental organizations - 200000000000 (two hundred billion) tenge, including:
for the purchase of firefighting equipment (including fire fighting vehicles, small forest fire complexes, tractors) and (or) equipment of domestic and (or) foreign production that meet environmental requirements determined by technical regulations, for organizing the prevention of forest fires and their extinguishing by forestry institutions and environmental organizations – 10000000000 (ten billion) tenge;
for the purchase of machinery and (or) equipment of domestic and (or) foreign production that meets environmental requirements determined by technical regulations for the harvesting, and processing of wood and other forest products during clear sanitary felling by forestry institutions and environmental organizations - 5000000000 (five billion) tenge;
2) the organization shall borrow from the operator on the following basic conditions:
for projects in the manufacturing industry for the construction of plants (productions) for preparation for reuse, processing, reprocessing, sorting, subsequent processing and (or) disposal of waste, improvement of the material and technical base of organizations involved in collection, transportation, preparation for reuse, sorting, processing, recycling and (or) waste disposal, organization of energy waste disposal at a remuneration rate of 0.1% in a single payment for the entire loan term, with a loan term of no more than 15 years;
for projects in the manufacturing industry for the acquisition of equipment (including fire fighting vehicles, small forest fire complexes, tractors) and (or) equipment of domestic and (or) foreign production that meet environmental requirements defined by technical regulations, to organize the prevention of forest fires and their extinguishing fires by forestry institutions and environmental organizations at a remuneration rate of 0.1% in a single payment for the entire loan term, with a loan term of no more than 7 years;
for projects in the manufacturing industry for the acquisition of machinery and (or) equipment of domestic and (or) foreign production that meet the environmental requirements determined by technical regulations for the harvesting, and processing of wood and other forest products during clear sanitary felling by forestry institutions and environmental organizations at the rate remuneration of 0.1% in a one-time payment for the entire loan term, with a loan term of no more than 7 years;
repayment of the principal debt - once a year, with a grace period for repayment of the principal debt of at least 2 years with the right of early repayment at the initiative of the organization;
borrowing shall be carried out by the organization from the operator without the provision of security;
3) the organization shall enter into financial leasing/loan agreements with lessees/borrowers on the following basic conditions:
rate – no more than 3% per annum;
term for projects in the manufacturing industry for the construction of plants (productions) for preparation for reuse, processing, recycling, sorting, subsequent processing and (or) disposal of waste, improvement of the material and technical base of organizations engaged in collection, transportation, preparation for reuse, sorting, treatment, processing and (or) disposal of waste, organization of energy waste management - from 3 to 15 years;
term for projects in the manufacturing industry for the acquisition of equipment (including fire fighting vehicles, small forest fire complex, and tractor) and (or) equipment of domestic and (or) foreign production that meets environmental requirements defined by technical regulations, to organize the prevention of forest fires and their extinguishing by forestry institutions and environmental organizations - up to 7 years;
term for projects in the manufacturing industry for the acquisition of machinery and (or) equipment of domestic and (or) foreign production that meets environmental requirements determined by technical regulations for the harvesting, and processing of wood and other forest products during clear sanitary felling by forestry institutions and environmental organizations – up to 7 years;
grace period for repayment of the principal debt and remuneration, except for projects in the manufacturing industry for the acquisition of equipment (including fire fighting vehicles, small forest fire complexes, tractors) and (or) equipment of domestic and (or) foreign production that meet environmental requirements determined by technical regulations, for organizing the prevention of forest fires and their extinguishing, harvesting, processing of wood and other forest products during clear sanitary felling by forestry institutions and environmental organizations - up to 2 years;
own participation of the lessee/borrower - at least 20% of the cost of the project in the manufacturing industry for the construction of plants (productions) for preparation for reuse, processing, recycling, sorting, subsequent processing and (or) disposal of waste, improving the material and technical base of organizations, carrying out collection, transportation, preparation for reuse, sorting, processing, recycling and (or) disposal of waste, organizing energy recycling of waste, of which at least 10% is cash;
down payment (advance payment) for leasing for projects in the manufacturing industry for the acquisition of equipment (including fire fighting vehicles, small forest fire complexes, tractors) and (or) equipment of domestic and (or) foreign production that meet environmental requirements determined by technical regulations, for organizing the prevention of forest fires and extinguishing them by forestry institutions and environmental organizations when repaying leasing payments from the republican budget - 0%;
initial payment (advance) for leasing for projects in the manufacturing industry for the acquisition of machinery and (or) equipment of domestic and (or) foreign production that meets environmental requirements determined by technical regulations for the harvesting, and processing of wood and other forest products during clear sanitary felling forestry institutions and environmental organizations when repaying leasing payments from the republican budget - 0%;
provision – in accordance with the requirements of the organization;
currency – tenge;
additional expenses (insurance) - in accordance with the internal regulations of the organization;
other terms of the financial leasing/loan agreement shall be established in accordance with the requirements of the organization and by agreement of the parties;
5. Control over the intended use of funds allocated for the implementation of projects in the manufacturing industry shall be carried out by the organization in accordance with these Rules.
6. Control over the intended use of funds received by the organization from the operator in accordance with these Rules shall be carried out by the operator, the authorized body and the authorized body in the field of environmental protection.
7. If a project in the manufacturing industry, for which the operator previously provided financing, fails to achieve the goals of improving the state of the environment, the amount of allocated funds shall be returned by the organization to the operator in the manner and on the terms determined by the loan agreement.
Chapter 2. Financing procedure Paragraph 1. The procedure for financing projects in the manufacturing industry to update vehicles, and self-propelled agricultural machinery by stimulating consumer demand in the Republic of Kazakhstan
8. Financing of projects in the manufacturing industry to update vehicles, and self-propelled agricultural machinery by stimulating consumer demand in the Republic of Kazakhstan shall be carried out in the following order:
1) the authorized body on an annual basis, before August 31 of the corresponding year, sends to the operator a request to provide forecast volumes of financing for projects in the manufacturing industry at the expense of the operator (hereinafter referred to as the Request) for the corresponding financial year;
2) the operator, after considering the request within seven working days, shall include the forecast volumes of financing in the relevant section of its investment policy and send it for approval to the authorized body in the field of environmental protection;
3) the authorized body in the field of environmental protection, within ten working days after receiving the investment policy, shall approve it or send a reasoned refusal to approve to the operator.
If the authorized body in the field of environmental protection sends a reasoned refusal, the operator, within three working days, shall eliminate the reason for the reasoned refusal and send the investment policy for re-approval to the authorized body in the field of environmental protection;
4) the operator, if the authorized body in the field of environmental protection agrees on the volume of financing in the investment policy, within five working days after receiving consent, shall send a response to the request for the corresponding financial year to the authorized body;
5) the authorized body, within three working days after receiving a response to the request, shall send to the organization information on the forecast volumes of financing of projects in the manufacturing industry for the corresponding financial year;
6) the organization, after receiving information on the forecast volumes of financing of projects in the manufacturing industry for the corresponding financial year, shall send an application with a business plan for the project being considered for financing in the manufacturing industry, including target indicators of environmental quality, for approval to the authorized body in the field of environmental protection.
For projects aimed at updating vehicles by stimulating consumer demand in the Republic of Kazakhstan, the organization shall send an application with information on domestically produced vehicles that meet the environmental class in accordance with technical regulations for the entire amount of financing for approval to the authorized body in the field of environmental protection.
For projects aimed at updating self-propelled agricultural machinery by stimulating consumer demand in the Republic of Kazakhstan, the organization shall send an application accompanied by information on self-propelled agricultural machinery of domestic production that meets the environmental requirements defined by technical regulations, including copies of certificates of conformity issued by the conformity assessment body in accordance with the law of the Republic of Kazakhstan in the field of technical regulation, the presence of which confirms compliance with environmental requirements defined by technical regulations, for the entire amount of financing for approval by the authorized body in the field of environmental protection;
7) the authorized body in the field of environmental protection, shall within twenty-two working days after receiving the application, consider the project in the manufacturing industry, submitted in accordance with subparagraph 6) of paragraph 4 of these Rules, for compliance with environmental quality targets or technical regulations, approve the submitted application or provide motivated refusal.
If the authorized body in the field of environmental protection receives a refusal, the organization shall finalize the application and resubmit it for approval in accordance with subparagraph 6) of paragraph 8 of these Rules;
8) the organization, within five working days after receiving the approval of the authorized body in the field of environmental protection, provided for in subparagraph 7) of paragraph 8 of these Rules, shall enter into a loan agreement with the operator for each project in the manufacturing industry for further financing of projects in the manufacturing industry.
9. Further financing of projects in the manufacturing industry shall be carried out by the organization at rates of up to 3%, as well as from 0.01 percent or more for projects aimed at updating vehicles by stimulating consumer demand in the Republic of Kazakhstan, including in accordance with the terms of the System documents state planning and (or) internal acts and decisions of authorized bodies.
Paragraph 2. The procedure for financing projects in the manufacturing industry for the construction of plants (productions) for preparation for reuse, processing, reprocessing, sorting, subsequent processing and (or) disposal of waste, improving the material and technical base of organizations engaged in collection, transportation, preparation for reuse, sorting, treatment, processing and (or) disposal of waste, organization of energy recovery of waste
10. Financing of projects in the manufacturing industry for the construction of plants (productions) for preparation for reuse, processing, reprocessing, sorting, subsequent processing and (or) disposal of waste, improvement of the material and technical base of organizations engaged in collection, transportation, preparation for reuse, sorting, processing, reprocessing and (or) disposal of waste, organization of energy recycling of waste shall be carried out in the following order:
1) the organization shall annually, before July 1 of the corresponding year, submit for consideration to the authorized body in the field of environmental protection an application with a business plan attached, providing information on the focus of the project in the manufacturing industry for the construction of plants (productions) in preparation for reuse, processing, reprocessing, sorting, subsequent processing and (or) disposal of waste, improving the material and technical base of organizations involved in the collection, transportation, preparation for reuse, sorting, processing, reprocessing and (or) disposal of waste, organizing energy recycling of waste to improve the state of the environment and achieving target indicators in the field of solid waste management, provided for in the Concept for the transition of the Republic of Kazakhstan to a “green economy”, approved by Decree of the President of the Republic of Kazakhstan dated May 30, 2013 №577 (hereinafter referred to as Targets in the field of solid waste management);
2) the authorized body in the field of environmental protection, shall within five working days, send to the relevant local executive body of the region, capital, city of republican significance the information specified in subparagraph 1) of paragraph 10 of these Rules;
3) the local executive body of the region, capital, city of republican significance, within five working days, shall review and send to the authorized body in the field of environmental protection a letter about the need to implement the relevant project and achieve the target indicators in the field of solid waste management;
4) the authorized body in the field of environmental protection, within ten working days after receiving from the local executive body of the region, capital, city of republican significance the information provided for in subparagraph 3) of paragraph 10 of these Rules, shall send the organization a letter confirming the need to implement the project and its focus on improving the state of the environment and achieving target indicators in the field of solid waste management, or provide a reasoned refusal.
If the authorized body in the field of environmental protection receives a refusal, the organization shall finalise the application and resubmit it for approval in accordance with subparagraph 1) of paragraph 10 of these Rules;
5) the organization, before August 31 of the corresponding year, shall send to the operator a letter from the authorized body in the field of environmental protection, provided for in subparagraph 4) of paragraph 10 of these Rules, and information on the forecast volumes of financing of projects in the manufacturing industry for the construction of plants (productions) in preparation for reuse, processing, reprocessing, sorting, subsequent processing and (or) disposal of waste, improvement of the material and technical base of organizations engaged in the collection, transportation, preparation for reuse, sorting, processing, reprocessing and (or) disposal of waste, organization of energy recycling waste for the corresponding financial year with the attachment of a business plan for projects being considered for financing and information on the focus of the project on improving the environment and achieving targets in the field of solid waste management for the corresponding financial year;
6) the operator, after reviewing the information specified in subparagraph 5) of paragraph 10 of these Rules, within seven working days shall include the forecast volumes of financing in the relevant section of its investment policy and send it for approval to the authorized body in the field of environmental protection;
7) the authorized body in the field of environmental protection, shall within ten working days after receiving the investment policy, approve it or send a reasoned refusal to approve to the operator.
If the authorized body in the field of environmental protection sends a reasoned refusal, the operator, within three working days, shall eliminate the reason for the reasoned refusal and send the investment policy for re-approval to the authorized body in the field of environmental protection;
8) the operator, after receiving the approval of the authorized body in the field of environmental protection, provided for in subparagraph 7) of paragraph 10 of these Rules, in the manner prescribed by the legislation of the Republic of Kazakhstan, shall enter into a loan agreement with the organization in the amount of the approved amount of financing of projects in the manufacturing industry for the construction of plants (productions) on preparation for reuse, processing, reprocessing, sorting, subsequent processing and (or) disposal of waste, improving the material and technical base of organizations collecting, transporting, preparing for reuse, sorting, processing, reprocessing and (or) disposal of waste, organizing energy waste recycling in the corresponding year for further financing.
Paragraph 3. The procedure for financing projects in the manufacturing industry for the acquisition of equipment (including fire fighting vehicles, small forest fire complexes, tractors) and (or) equipment of domestic and (or) foreign production that meet environmental requirements determined by technical regulations, to organize the prevention of forest fires and their extinguishing by forestry institutions and environmental organizations, the acquisition of machinery and (or) equipment of domestic and (or) foreign production that meets the environmental requirements determined by technical regulations for the harvesting, processing of wood and other forest products during clear sanitary felling by forestry institutions and environmental organizations
11. Financing of projects in the manufacturing industry for the acquisition of equipment (including fire fighting vehicles, small forest fire complex, tractor) and (or) equipment of domestic and (or) foreign production that meet environmental requirements defined by technical regulations, to organize the prevention of forest fires and their extinguishing by forest institutions and environmental organizations, the acquisition of machinery and (or) equipment of domestic and (or) foreign production that meets the environmental requirements defined by technical regulations for the harvesting, processing of wood and other forest products during clear sanitary felling by forest institutions and environmental organizations shall be carried out in the following order:
1) the organization, shall before July 1 of the corresponding year, send an application for consideration to the authorized body in the field of environmental protection, attaching information about the focus of the project in the manufacturing industry for the acquisition of equipment (including fire fighting vehicles, small forest fire complex, tractor) and (or) equipment domestic and (or) foreign production that meets the environmental requirements defined by technical regulations, for organizing the prevention of forest fires and their extinguishing by forestry institutions and environmental organizations, the acquisition of machinery and (or) equipment of domestic and (or) foreign production that meets environmental requirements, certain technical regulations for the harvesting, processing of wood and other forest products during clear sanitary felling by forestry institutions and environmental organizations to improve the state of the environment and the compliance of equipment (including fire fighting vehicles, small forest fire complex, tractor) and (or) domestic equipment and (or) foreign production to organize the prevention of forest fires and their extinguishing, harvesting, processing of wood and other forest products during clear sanitary felling by forestry institutions and environmental organizations to environmental requirements determined by technical regulations, including copies of certificates of conformity issued by the confirmation body compliance in accordance with the legislation of the Republic of Kazakhstan in the field of technical regulation;
2) the authorized body in the field of environmental protection, shall within five working days, send to the relevant local executive body of the region, capital, city of republican significance the information specified in subparagraph 1) of paragraph 11 of these Rules;
3) the local executive body of the region, capital, city of republican significance, shall within five working days, review and send a letter to the authorized body in the field of environmental protection about the need to implement the relevant project;
4) the authorized body in the field of environmental protection, within ten working days after receiving from the local executive body of the region, capital, city of republican significance the information provided for in subparagraph 3) of paragraph 11 of these Rules, shall consider a project in the manufacturing industry, submitted in accordance with subparagraph 1) of paragraph 11 of these Rules, for compliance with the technical regulations, approve the submitted application or provides a reasoned refusal.
If the authorized body in the field of environmental protection receives a refusal, the organization shall finalize the application and resubmit it for approval in accordance with subparagraph 1) of paragraph 11 of these Rules;
5) the organization, shall before August 31 of the corresponding year, send to the operator a letter from the authorized body in the field of environmental protection, provided for in subparagraph 4) of paragraph 11 of these Rules, and information on the forecast volumes of financing for projects in the manufacturing industry for the acquisition of equipment (including fire fighting vehicles, small forest fire complex, tractor) and (or) equipment of domestic and (or) foreign production that meets environmental requirements defined by technical regulations, for organizing the prevention of forest fires and their extinguishing by forestry institutions and environmental organizations, the acquisition of machinery and (or) equipment domestic and (or) foreign production that meets the environmental requirements determined by the technical regulations for the harvesting, processing of wood and other forest products during clear sanitary felling by forestry and environmental institutions for the corresponding financial year, attaching information about the focus of the project on improving the state of the environment and compliance of equipment (including fire fighting vehicles, small forest fire complex, tractor) and (or) equipment of domestic and (or) foreign production for organizing the prevention of forest fires and their extinguishing, harvesting, processing of wood and other forest products during clear sanitary felling forestry institutions and environmental organizations to environmental requirements determined by technical regulations for the corresponding financial year;
6) the operator, after reviewing the information specified in subparagraph 3) of paragraph 11 of these Rules, shall within seven working days include the forecast amounts of financing in the relevant section of its investment policy and send it for approval to the authorized body in the field of environmental protection;
7) the authorized body in the field of environmental protection, shall within ten working days after receiving the investment policy, approve it or send a reasoned refusal to approve to the operator.
If the authorized body in the field of environmental protection sends a reasoned refusal, the operator, shall within three working days, eliminate the reason for the reasoned refusal and send the investment policy for re-approval to the authorized body in the field of environmental protection;
8) the operator, after receiving the approval of the authorized body in the field of environmental protection, provided for in subparagraph 5) of paragraph 11 of these Rules, in the manner prescribed by the legislation of the Republic of Kazakhstan, shall enter into a loan agreement with the organization in the amount of the approved amount of financing of projects in the manufacturing industry for the acquisition of equipment (in including fire-fighting vehicles, small forest fire complex, tractor) and (or) equipment of domestic and (or) foreign production that meets environmental requirements defined by technical regulations, for organizing the prevention of forest fires and their extinguishing by forestry institutions and environmental organizations, the acquisition of equipment and (or) equipment of domestic and (or) foreign production that meets environmental requirements determined by technical regulations for the procurement, processing of wood and other forest products during clear sanitary felling by forestry institutions and environmental organizations in the corresponding year for further financing.