Unofficial translation
Footnote. Abolished by the joint order of the Minister of Ecology and Natural Resources of the Republic of Kazakhstan dated October 12, 2023 No. 277 and the Minister of Industry and Construction of the Republic of Kazakhstan dated October 13, 2023 No. 26 (effective ten calendar days after the date of its first official publication).In accordance with item thirty-five of sub-clause 29) of article 17 of the Environmental Code of the Republic of Kazakhstan dated January 9, 2007 WE HEREBY ORDER:
1. to approve the attached Rules for stimulating the production of cable-conductor products in the Republic of Kazakhstan: ecologically safe (non-combustible and (or) with reduced fire hazard and small smoke and gas emission); waste of which is processed on the territory of the Republic of Kazakhstan.
2. The Department of State Policy in Waste Management of the Ministry of Energy of the Republic of Kazakhstan in accordance with the procedure established by the legislation of the Republic of Kazakhstan shall ensure:
1) state registration of this joint order with the Ministry of Justice of the Republic of Kazakhstan;
2) within ten calendar days from the date of state registration of this order, direction in Kazakh and Russian languages to the Republican State Enterprise on the right of economic management “Institute of Legislation and Legal Information of the Republic of Kazakhstan” of the Ministry of Justice of the Republic of Kazakhstan for official publication and placement in the Reference Control Bank of the Regulatory Legal Acts of the Republic of Kazakhstan;
3) posting of this joint order on the Internet resource of the Ministry of Energy of the Republic of Kazakhstan;
4) within ten working days from state registration of this joint order with the Ministry of Justice of the Republic of Kazakhstan, submission to the Department of Legal Service of the Ministry of Energy of the Republic of Kazakhstan of information about implementation of the measures, stipulated by sub-clauses 1), 2), 3) and 4) of this clause.
3. Control over execution of this joint order shall be entrusted to the supervising Vice-Minister of Energy of the Republic of Kazakhstan.
4. This order shall come into force upon expiry of ten calendar days from the date of its first official publication.
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Rules for stimulating the production of cable-conductor products in the
Republic of Kazakhstan: ecologically safe (non-combustible and (or) with
reduced fire hazard and small smoke and gas emission); waste of which is
processed on the territory of the Republic of Kazakhstan
Chapter 1. General provision
1. These Rules stimulating the production of cable-conductor products in the Republic of Kazakhstan: ecologically safe (non-combustible and (or) with reduced fire hazard and small smoke and gas emission); waste of which is processed on the territory of the Republic of Kazakhstan (hereinafter referred to as the Rules) have been developed in accordance with item thirty-five of sub-clause 29) of article 17 of the Environmental Code of the Republic of Kazakhstan dated January 9, 2007 and determine the procedure for stimulating the production of cable-conductor products in the Republic of Kazakhstan: ecologically safe (non-combustible and (or) with reduced fire hazard and small smoke and gas emission); waste of which is processed on the territory of the Republic of Kazakhstan.
2. Stimulating the production of cable-conductor products in the Republic of Kazakhstan: ecologically safe (non-combustible and (or) with reduced fire hazard and small smoke and gas emission); waste of which is processed on the territory of the Republic of Kazakhstan shall be carried out by financing its manufacturers in the following areas: maintenance of jobs; use of energy resources; purchase of raw materials for the production of environmentally safe and (or) processed products; implementation of research and development; conducting tests related to the release of products; product certification.
3. In these Rules the following definitions shall be used:
1) financing of manufacturers for the implementation of scientific research and experimental developments - the financing of labor costs for employees of the manufacturer involved in the implementation of scientific research and experimental developments, material costs directly related to the implementation of scientific research and experimental developments, cost of third-party services on scientific research and experimental developments;
2) financing of producers for the maintenance of jobs – financing of expenses for payment of salary, calculated for a reporting period, as well as expenses for deductions of insurance contributions for compulsory social insurance, social tax, compulsory insurance of workers against accidents in the performance of their labor (official) duties;
3) cable - a cable product containing one or more insulated cores (conductors, including optical fiber) enclosed in a metal or non-metallic sheath, on top of which, depending on the conditions of installation and operation, there may be an appropriate protective cover, which may include armor, and suitable, in particular for laying in the ground and under water;
4) financing of producers for the purchase of raw materials for the production of cable and wire products in the Republic of Kazakhstan: environmentally safe (non-flammable and (or) with low fire hazard and low smoke and gas emission), waste which are processed on the territory of the Republic of Kazakhstan-financing of part of the cost of purchasing non-flammable and (or) with low fire hazard and low smoke and gas emission polyvinyl chloride (hereinafter – EPC) plastics and their compositions, non-flammable with low fire hazard and low smoke and gas emission polyethylene (hereinafter - EP) and their compositions, as well as components for own production of non-combustible and (or) low fire hazard and low smokeand gas emission polyvinyl chloride (hereinafter- EPC) plastics and compositions;
5) cable-conductor products, waste of which is processed on the territory of the Republic of Kazakhstan - cable-conductor products, according to the code of the Foreign Economic Activity Commodity Nomenclature of the Eurasian Economic Union (hereinafter referred to as the FEACN) 8544, waste of which is processed on the territory of the Republic of Kazakhstan;
6) Manufacturers - legal entities that manufacture cable-conductor products (goods) in the territory of the Republic of Kazakhstan according to the list of products (goods), to which the obligations of manufacturers (importers), approved by order of the acting Minister of Energy of the Republic of Kazakhstan December 4, 2015 no. 695 (registered in the Register of State Registration of Normative Legal Acts No. 12565) shall apply;
7) financing of manufacturers for testing related to production - financing of testing costs, including the cost of transporting samples of cable products to the test site;
8) financing of manufacturers for certification of products – financing of expenses for receipt of certificates of conformity for mass-produced cable-conductor products with the bodies of certification of conformity;
9) conductor - a cable product containing one or more twisted wires or one or more insulated cores (including optical fiber), on top of which, depending on the conditions of installation and operation, there may be a light non-metallic sheath, winding and (or) braid of fibrous materials or wire, and not intended, as a rule, for laying in the ground;
10) ecologically safe cable-conductor products (non-combustible and (or) with reduced fire hazard and low smoke and gas emission) - cable-conductor products that belong to one of the following groups:
flame-retardant cable products for group installation;
flame-retardant cable products for group installation, with low smoke and gas emission;
flame-retardant cable products for group installation and not emitting corrosive gaseous products during combustion and decay;
fireproof cable products that do not spread combustion during group installation, with low smoke and gas emission;
fireproof cable products that do not spread combustion during group installation and not emitting corrosive gaseous products during combustion and decay;
flame-retardant cable products for group installation, with low smoke and gas emission and low toxicity of combustion products;
flame-retardant cable products for group installation, non-corrosive gaseous products during combustion and decay and low toxicity of combustion products;
fireproof cable products that do not spread combustion during group installation, with low smoke and gas emission and low toxicity of combustion products;
fireproof cable products that do not spread combustion during group installation, non-corrosive gaseous products during combustion and decay and low toxicity of combustion products;
11) financing of producers for the use of energy resources - financing of costs for the payment of electric and thermal energy used for production purposes.
Footnote. Item 3 as amended by the joint order of the Acting Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated 18.05.2021 No. 147 and the Acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 27.05.2021 No. 268 (shall be enforced upon the expiry often calendar days after the date of its first official publication). Chapter 2. Requirements for products and technological processes in the
production of cable-conductor products: ecologically safe (non-combustible
and (or) with reduced fire hazard and low smoke and gas emission); waste of
which is processed on the territory of the Republic of Kazakhstan
4. Promotion of production of cable and wire products in the Republic of Kazakhstan: environmentally safe (non-flammable and (or) with low fire hazard and low smoke and gas emission); waste of which is processed on the territory of the Republic of Kazakhstan, is provided to the manufacturer in compliance with the following technological (production) processes:
1) quality control at the stages of production (operational control) and finished products in accordance with the requirements of national standards, and in their absence with the requirements of interstate standards;
2) manufacture of wires and cables, in the absence of equipment for the manufacture of conductive wires and cables, a contract for the supply of conductive wires with a Kazakhstani manufacturer is provided (except for with the exception of enterprises that produce cable and wire products with optical fiber);
3) application of insulation and (or) cladding;
4) twisting of insulated cores (for enterprises that produce products with twisted insulated cores);5) twisting of insulated cores;
5) application of protective, shielding and armor layers on the manufactured products (for enterprises that produce products with twisted insulated cores). companies that produce products with protective, shielding or armor layers);
6) product labeling.
Under the production of cable and wire products: environmentally safe (non-flammable and (or) with low fire hazard and low smoke and gas emission); waste that is processed on the territory of the Republic of Kazakhstan is understood as a system of mass production of at least one of the products included in the commodity nomenclature according to the code-CN 8544, confirmed by the presence of certificates of conformity for mass-produced products under the CN code 8544.
A footnote. Item 4 - as amended by the joint order Acting Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated 18.05.2021 No. 147 and Acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 27.05.2021 No. 268 (shall be enforced upon the expiry of ten calendar days after the date of its first official publication).5. The requirements for environmental safety of cable products (non-combustible and (or) with reduced fire hazard and low smoke and gas emission) shall be determined in accordance with national standards, in their absence - interstate standards.
Chapter 3. Requirements to manufacturers of cable-conductor products:
ecologically safe (non-combustible and (or) with reduced fire hazard and low
smoke and gas emission); waste of which is processed on the territory
of the Republic of Kazakhstan
6. Promotion of production in the Republic of Kazakhstan of cable and wire products: environmentally safe (non-flammable and (or) with low fire hazard and low smoke and gas emission); waste of which is recyclable in the territory of the Republic of Kazakhstan is provided to the manufacturer if the following requirements are met::
1) the manufacturer is a legal entity registered in the territory of the Republic of Kazakhstan;
2) the manufacturer has the right of ownership of buildings and structures or under a lease agreement for buildings and structures, (the term of the lease agreement is at least 5 years, and at the time of submitting an application for financing until the end of the contract at least 1 calendar year) for placement of laboratories and technological equipment, laboratory equipment necessary for quality control of finished products, technological equipment necessary for the production of cable and wire products in accordance with paragraph 4 of these Rules;
3) the manufacturer has certificates of conformity for mass-produced products, confirming its ability to produce environmentally safe (non-flammable and (or) with reduced fire hazard and small smoke and gas emissions) products, and (or) products whose waste is processed on the territory of the Republic of Kazakhstan;
4) the manufacturer, in addition to production services, has in the staff of the service: technical control, technological support, quality management system;
5) the manufacturer has a certificate of quality management system;
6) the manufacturer puts products into circulation that meets the requirements of TR CU 004/2011 "On the safety of low-voltage equipment" and the standards used by it for the production of cable and wire products: environmentally safe (non-flammable and (or) with low fire hazard and low smoke and gas emission); waste of which is processed in the territory of the Republic of Kazakhstan.
A footnote. Item 6 - as amended by the joint order Acting Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated 18.05.2021 No. 147 and Acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 27.05.2021 No. 268 (effective ten calendar days after the date of its first official publication).Chapter 4. Conditions and procedure of financing of production in the Republic of Kazakhstan of cable-conductor products: ecologically safe (non-combustible and (or) with reduced fire hazard and low smoke and gas emission); waste of which is processed on the territory of the Republic of Kazakhstan
Paragraph 1. Procedure for selection of manufacturers for compliance with the requirements
of clauses 4, 5 and 6 of these Rules
7. A mandatory condition for obtaining financing is the presence of the manufacturer in the list of enterprises that have been selected for compliance with the requirements of these Rules (hereinafter referred to as the list). For inclusion in the specified list, the manufacturer sends a written request to the authorized body in the field of state support for industrial and innovative activities (hereinafter referred to as the authorized body) with the following documents attached:
1) a list of technological and auxiliary equipment used in production in accordance with Appendix 1to these Rules;
2) a list of laboratory and testing equipment used in production in accordance with Appendix 2to these Rules;
3) a certificate of the absence (presence) of immovable property of a legal entity or a lease agreement for immovable property registered
in the Russian Federation. 4) a list of certificates of conformity for serial production of cable and wire products: environmentally safe (non-flammable and (or) with low fire hazard and low smoke and gas emission); waste of which is processed in the territory of the Republic of Kazakhstan in accordance with Appendix 3to these Rules, and copies thereof;
5) a copy of the quality management systems certificate
6) the manufacturer's staffing table;
7) a certificate of the actual average number of employees for the previous year, signed by the head and chief accountant.
A footnote. Item 7 - as amended by the joint order of the Acting Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated 18.05.2021 No. 147 and the Acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 27.05.2021 No. 268 (shall be enforced upon the expiry of ten calendar days after the date of its first official publication).8. If an incomplete set of documents is provided for by clause 7 of these Rules, the authorized body shall return the documents to the manufacturer within three working days.
9. For consideration of requests, the authorized body shall create a commission on the issues of conformity of manufacturers with the requirements of clauses 4, 5 and 6 of these Rules (hereinafter referred to as the commission) with the participation of representatives of "Atameken" National Chamber of Entrepreneurs of the Republic of Kazakhstan.
10. The commission no later than thirty calendar days from the date of receipt of the request in the authorized body shall consider the documents submitted by the manufacturer for compliance of manufacturers with the requirements of clauses 4, 5 and 6 of these Rules, following which it shall send a recommendation to the authorized body.
11. The authorized body, within ten working days, makes a decision to include the manufacturer in the list that meets the requirements of paragraphs 4, 5 and 6 of these Rules or to refuse to include it in the list, and notifies the manufacturer accordingly.
The authorized body sends the list of extended obligations of producers (importers) to the operator (hereinafter referred to as the operator) within three working days from the date of making a decision to include the manufacturer in the list.
In case of making changes and / or additions to the list, the authorized body sends an updated list to the operator within three working days from the date of making such changes and / or additions.
A footnote. Item 11 - as amended by the joint order of the Acting Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated 18.05.2021 No. 147 and the Acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 27.05.2021 No. 268 (shall be enforced upon the expiry of ten calendar days after the date of its first official publication).12. The manufacturer shall be refused to be included in the list in the following cases:
1) establishing the invalidity of documents submitted by the manufacturer, and (or) the data (information) contained in them;
2) negative recommendation of the commission.
Paragraph 2. Delisting of a manufacturer from the list of enterprises, meeting the requirements of clauses 4, 5 and 6 of these Rules
13. The manufacturer shall be delisted from the list in the following cases:
1) Detection of violations by the manufacturer of the requirements of clauses 4, 5 and 6 of these Rules, identified in accordance with the legislation of the Republic of Kazakhstan;
2) based on the manufacturer’s written request for delisting;
3) on the basis of a written request from the operator to be delisted from the list indicating specific facts of violation by the manufacturer of the requirements established by the standard agreement between the operator and the manufacturer.
14. A written request from the manufacturer and operator for exclusion from the list is considered by the authorized body within fifteen calendar days. The decision is sent in writing to the manufacturer and operator.
A footnote. Item 14 - as amended by the joint order Acting Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated 18.05.2021 No. 147 and Acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 27.05.2021 No. 268 (shall be enforced upon the expiry of ten calendar days after the date of its first official publication).Paragraph 3. Conclusion of an agreement and financing of production in the Republic of Kazakhstan of cable-conductor products: ecologically safe (non-combustible and (or) with reduced fire hazard and low smoke and gas emission); waste of which is processed on the territory of the Republic of Kazakhstan
15. Stimulating the production in the Republic of Kazakhstan of cable-conductor products: ecologically safe (non-combustible and (or) with reduced fire hazard and low smoke and gas emission); waste of which is processed on the territory of the Republic of Kazakhstan shall be carried out on the basis of an agreement between manufacturers of cable-conductor products: ecologically safe (non-combustible and (or) with reduced fire hazard and low smoke and gas emission); waste of which is processed on the territory of the Republic of Kazakhstan and the operator of extended obligations of manufacturers (importers) for provision of financing the manufacturers (hereinafter referred to as the agreement) in the form according to annex 4 the these Rules by areas, established by clause 2 of these Rules.
16. A prerequisite for concluding a contract shall be the presence of the manufacturer in the list.
17. The agreement shall be concluded for the period of one calendar year on the basis of a form of a model agreement between the manufacturers of cable-conductor products: ecologically safe (non-combustible and (or) with reduced fire hazard and low smoke and gas emission); waste of which is processed on the territory of the Republic of Kazakhstan and the operator of extended obligations of manufacturers (importers) for provision of financing the manufacturers according to annex 4 the these Rules.
18. To conclude an agreement, the manufacturer shall provide the operator with an application for concluding an agreement (in any form), with the following documents:
1) notarized copies of constituent documents of the manufacturer;
2) certificate of registration of a legal entity;
3) certificate signed by the head and the chief accountant of the manufacturer, indicating bank details and bank accounts of the manufacturers, to which the financing shall be transferred.
19. The operator shall consider the application for the conclusion of the contract submitted by the manufacturers in accordance with clause 18 of these Rules, within ten working days from the day of its receipt and shall enter into agreement with the manufacturers, or shall refuse (in writing) the manufacturer to enter into such agreement.
When a request is sent by an operator to an authorized body in accordance with the procedure stipulated by clause 11 of these Rules, the period for consideration of the manufacturer’s request shall be suspended until a response to this request is received from the authorized body.
20. The grounds for refusing to conclude an agreement shall be the absence of the manufacturer in the list submitted to the operator by the authorized body, or the incompleteness and (or) inconsistency of the submitted documents set forth by clause 18 of these Rules.
21. To receive funding in accordance with paragraph 2 of this regulation, the manufacturer, with whom a contract, before the twentieth day of the month following the reporting month in which the subject was carried out to stimulate the production of cable and wire products: environmentally safe (non-flammable and (or) low Flammability and low smoke- and gas); waste are processed on the territory of the Republic of Kazakhstan, provides the operator with an application for granting of Finance (agreed with the operator form) along with the following documents:
the calculation of the financing of the cost of keeping jobs in the form according to the Appendix 5 to this Regulation;
the calculation of the funding part of the cost of using energy in the form according to Appendix 6 to this Regulation;
the calculation of the funding part of the cost of acquisition of environmentally friendly raw materials in the form according to the Appendix 7 to this Regulation;
calculation of the financing of the cost of carrying out research and development work in the form according to Appendix 8 to this Regulation;
the calculation of the funding part of the costs associated with testing, associated with the output in the form according to Appendix 9 to this Regulation;
calculation of the financing of the cost of product certification in the form according to the Appendix 10 to this Regulation;
report on the production of cable and wire products with " " 20_ of the year "" year 20_ waste are processed on the territory of the Republic of Kazakhstan in the form according to Appendix 11 to this Regulation;
report on the production of cable and wire products with " " 20_ of the year "" year 20_ environmentally friendly products (non-combustible and (or) low Flammability and low smoke- and gas) in the form according to Appendix 12 to this Regulation.
The calculation of part of the costs to be financed by the costs to be financed is carried out in accordance with the requirements of international financial reporting standards.
For the purpose of unification for all producers of cable and wire products, when calculating the financing of part of the costs to be financed by the manufacturer:
in the case of simultaneous production of more than one type of product (if the costs for processing each product cannot be identified separately), the costs are distributed among the types of products in proportion to the cost of sales of the types of products;
in the case of distribution of costs that are not included in the cost of products produced and recognized as expenses in the period of their occurrence (storage costs, administrative overhead costs, sales costs), the distribution of costs is made on the basis of the cost of sales of types of products.
A footnote. Item 21 - as amended by the joint order Acting Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated 18.05.2021 No. 147 and Acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 27.05.2021 No. 268 (shall be enforced upon the expiry of ten calendar days after the date of its first official publication).22. The operator shall stimulate each of manufacturers, entered into the agreement, by areas indicated in clause 2 of these Rules. The amount of stimulation by all areas may not exceed the amount of utilization payment, for produced and sold products in the territory of the Republic of Kazakhstan.
23. The operator shall:
1) register, in the order of receipt of the application for funding, submitted in accordance with clause 21 of these Rules;
2) check the submitted documents within five working days from the date of receipt of applications for the provision of financing for the completeness of the information contained, in case of a positive decision within three working days, provide the manufacturer with financing;
3) in the event of a decision on the refusal to provide financing within three working days from the date of the decision in writing, notify the manufacturer indicating the reason for the refusal.
24. The grounds for refusing to provide financing shall be incompleteness and (or) non-compliance of the submitted documents, as well as the deadline for their submission with the requirements set forth by clause 21 of these Rules.
In case of refusal to provide financing, the manufacturer shall repeatedly apply to the operator in accordance with clause 21 of these Rules, no later than five working days from the date of receipt of such refusal.
In case of violation of the deadline for submitting an application for financing, the manufacturer shall submit a request for financing, for the missed month, by the 20th day of the next month in accordance with clause 21 of these Rules.
25. In case of establishing the fact of unreliability of data provided in accordance with paragraph 21 of these Rules, revealed as a result of an audit, the funds received by the manufacturer as a result of establishing the unreliability of data are subject to return to the operator.
A footnote. Item 25 - as amended by the joint order of the Acting Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated 18.05.2021 No. 147 and the Acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 27.05.2021 No. 268 (shall be enforced upon the expiry of ten calendar days after the date of its first official publication).26. The manufacturer, at the request of the operator, but not more than once a year, provides an opinion of an independent audit organization on the expenses specified in paragraph 21 of these Rules.
A footnote. Item 26 - as amended by the joint order of the Acting Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated 18.05.2021 No. 147 and the Acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 27.05.2021 No. 268 (shall be enforced upon the expiry of ten calendar days after the date of its first official publication).List of technological and auxiliary equipment used in the production of cable and wire products: environmentally safe (non-flammable and (or) with low fire hazard and low smoke and gas emission); waste of which is processed in the territory of the Republic of Kazakhstan
A footnote. Appendix 1 - as amended by the joint order of the Acting Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated 18.05.2021 No. 147 and the Acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 27.05.2021 No. 268 (shall be enforced upon the expiry of ten calendar days after the date of its first official publication).
Name of the organization ____________________________
n / | a Name of technological and auxiliary equipment | Type of operation performed | Type, make, model | Factory / serial number (if available) | Inventory number (if available) | Company and country of Origin | Quantity |
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
Head of the organization
(signature) (last name, first name and patronymic (if any))
Chief accountant
(signature) (last name, first name and patronymic (if any))
List of laboratory and testing equipment used in the production of cable and wire products: environmentally safe (non-flammable and (or) with low fire hazard and low smoke and gas emission); waste of which is processed in the territory of the Republic of Kazakhstan
A footnote. Appendix 2 - as amended by the joint order of the Acting Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated 18.05.2021 No. 147 and the Acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 27.05.2021 No. 268 (shall be enforced upon the expiry of ten calendar days after the date of its first official publication).
Name of the organization ____________________________
n / | a Name of laboratory and testing equipment | Type, make, model | Factory / serial number (if available) | Inventory number (if available) | Certification or verification certificate number | Company and country of origin |
1 | 2 | 3 | 4 | 5 | 6 | 7 |
Head of the organization (signature) (last name, first name and patronymic (if any))
Chief Accountant (signature) (last name, first name and patronymic (if any))
Date
List of certificates of conformity for serial production of cable-conductor products: ecologically safe (non-combustible and (or) with reduced fire hazard and low smoke and gas emission); waste of which is processed on the territory of the Republic of Kazakhstan
Name of organization ____________________________
item no. | Certificate registration number | Certificate validity period | FEACN ТС | Product name | |
from | until | ||||
Head of organization
(signature) (surname, name, patronymic (if any))
Chief accountant
(signature) (surname, name, patronymic (if any))
Date
Standard contract between producers of cable and wire products: environmentally safe (non-flammable and (or) with low fire hazard and low smoke and gas emission); waste of which is processed on the territory of the Republic of Kazakhstan and the operator of extended obligations of producers (importers)
A footnote. Appendix 4 - as amended by the joint order of the Acting Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated 18.05.2021 No. 147 and the Acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 27.05.2021 No. 268 (shall be enforced upon the expiry of ten calendar days after the date of its first official publication).
city _____________ "____"______20__ of the year
This Agreement is concluded between the operator of extended obligations of producers (importers) acting on the basis of the Charter (hereinafter referred to as the operator), represented by_____, and, represented by______, acting on the basis of_____ _ (hereinafter referred to as the Manufacturer), hereinafter referred to as the Parties, and valid until "__" _______ 20__ year.
Whereas:
The parties agreed that the Agreement will regulate their mutual rights and obligations in the implementation of its terms and conditions and undertake to comply with the requirements stipulated in the Rules for stimulating the production of cable and wire products in the Republic of Kazakhstan: environmentally safe (non-flammable and (or) with low fire hazard and low smoke and gas emission); waste that is processed on the territory of the Republic of Kazakhstan, approved in accordance with the thirty-fifth paragraph of subparagraph 29) of Article 17 of the Environmental Code of the Republic of Kazakhstan dated January 9, 2007 (hereinafter referred to as the Rules).
The Parties have concluded this Agreement as follows.
Chapter 1. Subject of the Agreement
1.1. The subject of this Agreement is the interaction of the Parties to establish and implement mutual obligations in the production of cable and wire products in the Republic of Kazakhstan: environmentally safe (non-flammable and (or) with low fire hazard and low smoke and gas emission); waste of which is processed in the territory of the Republic of Kazakhstan aimed at reducing the environmental burden on the environment by increasing the volume of production of environmentally friendly cable and wire products and cable and wire products whose waste can be environmentally safely processed.
Under the production of cable and wire products: environmentally safe (non-flammable and (or) with low fire hazard and low smoke and gas emission); waste that is processed on the territory of the Republic of Kazakhstan is understood as a system of mass production of at least one of the products included in the commodity nomenclature according to the code-CN 8544, confirmed by the presence of certificates of conformity for mass-produced products under the CN code 8544.
1.2. This Agreement is the basis for encouraging the operator to produce cable and wire products in the Republic of Kazakhstan: environmentally safe (non-flammable and (or) with low fire hazard and low smoke and gas emission); waste of which is processed on the territory of the Republic of Kazakhstan by: financing within the term of the contract of their producers in the following areas: maintenance of workers production of environmentally friendly and / or recyclable products; implementation of research and development activities; conducting tests related to the production of products; certification of products.
Chapter 2. Obligations of the Parties
2.1. The manufacturer undertakes to:
2.1.1. Provide the operator with documents and an application for providing financing in the amounts specified in paragraph 21 of the Rules.
2.1.2. Refund the amounts overpaid by the operator within ten business days from the date of receipt of the relevant notification from the operator, which is accompanied by supporting documents.
Make a refund of the amounts paid by the operator within ten business days in accordance with the procedure and conditions specified in clause 25 of the Rules.
2.1.3. The Manufacturer is responsible for the accuracy of the information provided by the Manufacturer in order to obtain financing.
2.2. The Operator undertakes to:
2.2.1. Check the submitted documents within five working days from the date of receipt of the application for financing and, if a positive decision is made, provide the Manufacturer with financing within three working days.
2.2.2. If a decision is made to refuse to provide financing, notify the Manufacturer in writing within three working days from the date of the decision, indicating the grounds for refusal.
2.2.3. Within three working days from the date of discovery of the facts of providing the manufacturer with false information and (or) data revealed by the audit, notify the Manufacturer of the need to return the transferred funds received on the basis of false information and (or) data.
Chapter 3. Liability of the Parties
3. In case of non-fulfillment or improper fulfillment by the Manufacturer of the provisions of the Contract, the Operator sends a written notification to the Manufacturer about the suspension of the Contract and about the elimination of the violation within a one-month period, indicating the detected violations. Failure to eliminate or improperly eliminate the identified violations is the basis for applying to the authorized body for exclusion from the list of enterprises selected for compliance with the requirements and termination of the Contract in accordance with the procedure provided for by the civil legislation of the Republic of Kazakhstan.
3.1. The Parties are responsible for non-performance or improper performance of other obligations and guarantees in accordance with the current legislation of the Republic of Kazakhstan.
3.2. If the Manufacturer does not return the monetary payment in accordance with the procedure and under the conditions specified in clause 2.1.2 of this agreement, their refund is carried out in court.
Chapter 4. Force majeure
4.1. Neither Party is liable for non-performance of any obligations under the Agreement, if such non-performance or delay in performance is caused by force majeure (force majeure).
4.2. Force majeure includes military conflicts, natural disasters, natural disasters (fires, major accidents, communication disruptions) and other extraordinary and unavoidable circumstances under these conditions.
4.3. In case of full or partial suspension of work under the Agreement caused by force majeure, the terms of implementation of obligations are extended for the duration of force majeure.
4.4. In case of occurrence of force majeure circumstances, the Party affected by them, within fifteen working days from the date of their occurrence, notifies the other Party by delivering a written notice indicating the date of the event and describing the force majeure circumstances.
4.5. In the event of force majeure, the Parties shall immediately conduct negotiations to find a solution to the current situation and use all means to minimize the consequences of such circumstances.
Chapter 5. Confidentiality
5.1. The Parties, in accordance with the legislation of the Republic of Kazakhstan, observe the terms of confidentiality for all documents, information and reports related to the implementation of this Agreement during its validity period.
5.2. Neither Party has the right to disclose information related to the content of the Agreement or other information considered confidential and related to the implementation of the provisions of this Agreement without obtaining the written consent of the other Party, except in the following cases:
1) when the information is used in the course of legal proceedings;
2) when information is provided to third parties providing services to one of the Parties under the Contract, provided that such third party undertakes to comply with the confidentiality conditions of such information and use it only for the purposes established by the Parties and for a period determined by the Parties;
3) when information is provided to a bank or other financial institution from which a Party receives funds under the Contract, provided that such bank or financial institution undertakes to comply with the confidentiality conditions of such information;
4) when the information is provided to tax or other authorized state bodies of the Republic of Kazakhstan that have access to any information, including bank secrecy, related to any bank accounts of the Manufacturer, including those opened in foreign banks outside the Republic of Kazakhstan;
5) publication of data on the volume of incentives for producers.
Chapter 6. Dispute resolution
6.1. Any dispute between the Parties concerning the interpretation or application of this Agreement is resolved through consultations and negotiations.
6.2. Unresolved disputes are resolved in court in accordance with the legislation of the Republic of Kazakhstan.
Chapter 7. Final provisions, entry into force and termination of the Agreement
7.1. This Agreement is valid for up to one year and is automatically renewed if the Parties fulfill the terms of the Agreement in good faith.
7.2. This Agreement is interpreted and regulated in accordance with the current legislation of the Republic of Kazakhstan.
7.3. Done in two copies, each in the Kazakh and Russian languages, having the same legal force, 1 (one) copy for each of the Parties.
8. Details of the parties
Manufacturer Operator
______________
______________
______________ ______________
Calculation of financing the part of expenses for maintaining jobs
Name of organization ____________________________
Salary fund of employees of manufacturer (tenge) | The amount of deductions for insurance payments for compulsory social insurance (tenge) | Amount of social tax deductions (tenge) | The amount of deductions for compulsory insurance of employees against accidents in the performance of their labor (official) duties (tenge) | Amount of actual costs incurred subjected to be reimbursed and paid (tenge) |
А | Б | В | Г | Д = (А+Б+В+Г) |
Amount of financing to be paid: | ||||
Head of organization
(signature) (surname, name, patronymic (if any))
Chief accountant
(signature) (surname, name, patronymic (if any))
Date
Calculation of financing the part of expenses for energy resources use
Name of organization ____________________________
Electricity and heat energy costs (tenge) |
Amount of financing to be paid: |
Head of organization
(signature) (surname, name, patronymic (if any))
Chief accountant (signature) (surname, name, patronymic (if any))
Date
Calculation of financing the part of expenses for acquisition of ecologically safe raw material
Name of organization___________________________
Cost of ecologically safe raw material (tenge) | Amount of costs for purchasing ecologically safe raw material, subjected to be reimbursed (tenge) |
Head of organization
(signature) (surname, name, patronymic (if any))
Chief accountant
(signature) (surname, name, patronymic (if any))
Date
Calculation of financing the part of expenses for scientific research and experimental developments
Name of organization ____________________________
Payment for the labour of an employee involved in the implementation of scientific research and experimental developments, for the period of the performance of specified works by these employees (tenge) | Material costs directly related to the implementation of scientific research and experimental developments (tenge) | Costs of works under agreements on performance of scientific research and experimental developments in case of performance of works in other scientific research organizations (tenge) | Amount of actual costs incurred subjected to be reimbursed and paid (tenge) |
А | Б | В | Г=(А+Б+В) |
Amount of financing to be paid: | |||
Head of organization
(signature) (surname, name, patronymic (if any))
Chief accountant
(signature) (surname, name, patronymic (if any))
Date
Calculation of financing the part of expenses related to carrying out testing associated with release of products
Name of organization ____________________________
Amount of costs incurred by the manufacturer for testing (tenge) | The amount of costs incurred by the manufacturer for the transportation of samples to the place of testing and vice versa (tenge) | Amount of costs, cost of samples for implementation of funds (tenge) | Amount of actual costs incurred subjected to be reimbursed and paid (tenge) |
А | Б | В | Г = (А+Б+В) |
Amount of financing to be paid: | |||
Head of organization
(signature) (surname, name, patronymic (if any))
Chief accountant
(signature) (surname, name, patronymic (if any))
Date
Calculation of financing the part of expenses for certification of products
Name of organization ____________________________
Costs of certification of products (tenge) |
Amount of financing to be paid: |
Head of organization
(signature) (surname, name, patronymic (if any))
Chief accountant
(signature) (surname, name, patronymic (if any))
Date
Report on production of cable-conductor products from " " 20_ to " " 20_ waste of which is
processed on the territory of the Republic of Kazakhstan
Name of organization ____________________________
Product name | FEACN code | Products brand in accordance with GOST standards | Total weight of products, tons | Weight of metals, tons | Weight of plastic compounds and polyethylene, tons | Cost of manufactured products, thous. tenge |
А | Б | В | Г | Д | Е | Ж |
Head of organization
(signature) (surname, name, patronymic (if any))
Chief accountant
(signature) (surname, name, patronymic (if any))
Date
Note: in the column B, the product brand indicates the products in the production of which PVC plastic compounds or flame retardant polyethylene are used, with the emission of smoke and gases in accordance with the requirements of GOST 5960 - 72.
Report on the production of cable and wire products from ""20_ to "" 20_ of the year of environmentally safe products (non-flammable and (or) with low fire hazard and low smoke and gas emission)
A footnote. Appendix 12 - as amended by the joint order of the Acting Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated 18.05.2021 No. 147 and the Acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 27.05.2021 No. 268 (shall be enforced upon the expiry of ten calendar days after the date of its first official publication).
Name of the organization ____________________________
Product name | CN code | Product brand in accordance with ST | Total weight of products, tons | Weight of metals, tons | Weight of environmentally friendly plastics and compositions, tons | Cost of manufactured products, thousand tenge |
A | B | С | D | E | F | G |
Reporting period month
Head of the organization (signature) (last name, first name and patronymic (if any))
Chief Accountant (signature) (last name, first name and patronymic (if any))
Date
Note: column B "product brand" indicates products in the production of which PVC plasticates or compositions are used: polyethylenes and their compositions with the indices ng(...)*,ng(...)* - LS, ng(...)* -LSLTx, ng(...)* - HF, ng(...)*- HFLTx.
_____________________
Note * - Indicate the appropriate category: A F/R, A, B, C or D.
