Unofficial translation
In accordance with subclause 1) of article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 "On state services" I HEREBY ORDER:
1. To approve the attached Rules for the provision of state service "Conclusion of the authorized body of the member states of the Eurasian Economic Union on the transit of hazardous waste through the customs territory of the Eurasian Economic Union".
2. To recognize as invalid:
1) order of the Minister of Energy of the Republic of Kazakhstan dated December 27, 2017 No. 478 "On approval of the standard of the state service "Conclusion of the authorized body of the member states of the Eurasian Economic Union on the transit of hazardous waste through the customs territory of the Eurasian Economic Union" (registered with the Register of State Registration of Regulatory Legal Acts as No. 16301, published on February 21, 2018 in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan);
2) order of the Minister of Energy of the Republic of Kazakhstan dated April 9, 2018 No. 116 "On approval of the Regulation of the state service "Conclusion of the authorized body of the member states of the Eurasian Economic Union on the transit of hazardous waste through the customs territory of the Eurasian Economic Union" (registered with the Register of State Registration of Regulatory Legal Acts as No 16837, published on May 5, 2018 in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan).
3. The Department of State Policy in Waste Management of the Ministry of Ecology, Geology, and Natural Resources 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 order with the Ministry of Justice of the Republic of Kazakhstan;
2) placement of this order on the Internet resource of the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan;
3) within ten working days after state registration of this order with the Ministry of Justice of the Republic of Kazakhstan, submission to the Legal Department of the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan of information about implementation of measures stipulated by subclauses 1) and 2) of this clause.
4. Control over execution of this order shall be entrusted to the supervising Vice-Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan.
5. This order shall come into force upon expiry of twenty-one calendar day after the date of its first official publication.
| Acting Minister | S. Brekeshev |
"AGREED"
Ministry of National Economy
of the Republic of Kazakhstan
"AGREED"
Ministry of Digital Development,
Innovations and Aerospace Industry
of the Republic of Kazakhstan
| Approved by the order of the Acting Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated June 15, 2020 No. 145 |
Rules
for the provision of state service "Conclusion of the authorized body of the member states
of the Eurasian Economic Union on the transit of hazardous waste through the customs territory
of the Eurasian Economic Union"
Footnote. The Rules as amended by the order of the Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated 05.05.2021 No. 128 (shall be enforced upon expiry of sixty calendar days after the day of their first official publication).
Chapter 1. General Provisions
1. Rules for the provision of state service "Conclusion of the authorized body of the member states of the Eurasian Economic Union on the transit of hazardous waste through the customs territory of the Eurasian Economic Union" (hereinafter referred to as the Rules), have been developed in accordance with subclause 1) of Article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 "On state services" (hereinafter referred to as the Law) and shall determine the procedure for the provision of state service "Conclusion of the authorized body of the member states of the Eurasian Economic Union on the transit of hazardous waste through the customs territory of the Eurasian Economic Union" (hereinafter referred to as the state service).
2. The state service shall be provided by the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan (hereinafter referred to as the service provider).
3. The service shall be provided to individuals and (or) legal entities (hereinafter referred to as the service recipient).
Chapter 2. Procedure for the provision of the state service
4. To obtain the state service, the service recipient shall submit to the service provider an application on the transit of waste through the State Corporation " Government for citizens" (hereinafter referred to as the State Corporation) or web-portal of “electronic government” www.egov.kz (hereinafter referred to as the portal) in the form according to Appendix 1 to these Rules.
The list of documents, required for the provision of the state service when applying:
to the State Corporation (on paper media):
1) an identity document, of the service recipient (for identification purposes) (or its representative by power of attorney) and an application on the transit of waste in the form according to Appendix 1 to these Rules;
2) a copy of the contract (agreement) for the purchase and sale of waste or other alienation agreement between the participants in a foreign trade transaction;
3) a copy of the agreement between the exporter and the manufacturer or the importer and the consumer of the goods, if the applicant acts as an intermediary;
4) consent in writing of the competent authority of the state into whose territory waste is imported in accordance with Article 6 of the Law of the Republic of Kazakhstan of February 10, 2003 "On Accession of the Republic of Kazakhstan to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal” (hereinafter referred to as the Basel Convention);
5) copies of the contract (agreement) for transportation and the contract between the exporter and the person responsible for the disposal of waste, which stipulates the environmentally sound use of this waste;
6) document on the transportation of waste (in 3 copies) in the form according to Appendix 2 to these Rules.
7) notification of the conclusion of an agreement on compulsory environmental insurance of the applicant (exporter, producer of waste) or importer (consumer) of waste;
8) a copy of the emergency response plan;
9) passport of hazardous waste;
10) notification of the transboundary movement of hazardous wastes (in 3 copies) in the form according to Appendix 3 to these Rules.
To the portal:
1) an application in the form of an electronic document certified by an electronic digital signature (hereinafter referred to as the EDS) of the service recipient in the form according to Appendix 1 to these Rules;
2) an electronic copy of the contract (agreement) for the purchase and sale of waste or an alienation agreement between the participants in a foreign trade transaction;
3) an electronic copy of the agreement between the exporter and the manufacturer or the importer and the consumer of the goods, if the applicant acts as an intermediary;
4) an electronic copy of the competent authority of the state into whose territory waste is imported;
5) an electronic copy of the contract (agreement) for transportation and the contract between the exporter and the person responsible for the disposal of waste, which stipulates the environmentally sound use of this waste;
6) an electronic copy of the document on the transport of waste in the form according to Appendix 2 to this standard of the state service;
7) an electronic copy insurance policy for compulsory environmental insurance;
8) an electronic copy of the emergency response plan;
9) an electronic copy of the passport of hazardous waste;
10) an electronic copy of the notification of the transboundary movement of hazardous wastes in the form according to Appendix 3 to these Rules.
Information on identity documents, on state registration (re-registration) of a legal entity, the service provider and the employee of the State Corporation (for transfer to the service provider) shall receive from the relevant information systems through the gateway of "electronic government".
The list of basic requirements for the provision of the state services, including the characteristics of the process, the form, content and result of the provision, as well as other information, taking into account the specifics of the provision of state service, are set out in the standard of state service "Conclusion of the authorized body of the member states of the Eurasian Economic Union on the transit of hazardous waste through the customs territory of the Eurasian Economic Union" according to Appendix 4 to these Rules.
When submitting an application, the service recipient gives consent for the use of information constituting a secret protected by law, contained in information systems, when providing state services, unless otherwise provided by the laws of the Republic of Kazakhstan.
When the service recipient submits all necessary documents:
To the State Corporation – by confirmation of acceptance of the application on paper is a receipt for the receipt of the relevant documents;
information on the status of consideration of a request for the provision of the state service, as well as a notification indicating the date and time of receipt of the result of the state service shall be sent to the “personal account” through the portal to the service recipient.
5. In cases where the service recipient submits an incomplete package of documents according to the list specified in clause 4 of these Rules, and (or) expired documents, the employee of the State Corporation shall refuse to accept the application and issues a receipt on refusal to accept the application in the form according to Appendix 5 to these Rules.
The day of applying by the service recipient to the State Corporation is not included in the period for the provision of the state service.
The State Corporation shall carry out preparation on the date of their receipt and ensures sending the documents to the service provider.
6. On the day of receipt of documents, the service provider accepts and registers them.
When applying by the service recipient after the end of working hours, on weekends and holidays, the acceptance of applications and the issuance of the results of the provision of state services shall be carried out on the next working day.
7. The Service Provider, within 2 (two) working days from the date of receipt of the documents of the service recipient, checks the submitted documents for completeness.
When applying through the portal, upon establishing the fact of incompleteness of the submitted documents in accordance with the list specified in clause 4 of these Rules, and (or) expired documents, the service provider within the specified period prepares a substantiated refusal to further consider the application in the form of an electronic document signed by the EDS of the authorized person service provider and sends to the applicant to the personal account of the portal.
When the service recipient provides a complete package of documents, within 8 (eight) working days, the employee of the responsible division of the service provider examines the documents for compliance with the requirements established by Article 6 of the Basel Convention, sections 2 and 3 of the Rules for import, export and transit of wastes, approved by the resolution of the Government of the Republic of Kazakhstan dated July 11, 2007 (hereinafter referred to as the Rules for import, export and transit of wastes), Appendices 1.2 and 2.3 of the Decision of the Boards of the Eurasian Economic Commission dated April 21, 2015 "On measures of non-tariff regulation" (hereinafter referred to as the Decision of the Board of the EEC), Article 295 of the Environmental Code of the Republic of Kazakhstan dated January 9, 2007 (hereinafter referred to as the Code), these Rules, based on the results of which shall form a conclusion in the form according to Appendix 6 to these Rules, or a substantiated refusal to provide the state service.
8. The grounds for the refusal to provide the state service shall be:
1) establishment of the unreliability of the documents provided by the service recipient for receiving the state service, and (or) the data (information) contained therein;
2) non-compliance of the service recipient and (or) the materials, objects, data and information required for the provision of state the service with the requirements established by article 6 of the Basel Convention, sections 2 and 3 of the Rules for import, export and transit, Appendices 1.2 and 2.3 of the Decision of the Boards of the EEC, article 295 of the Code, these Rules;
3) there is a court decision in relation to the service recipient that has entered into legal force, on the basis of which the service recipient is deprived of a special right related to the receipt of the state service;
4) there is a court decision (verdict) in relation to the service recipient, that has entered into legal force on the prohibition of activities or certain types of activities requiring the receipt of the state service.
9. Issuance of the result of provision of the state service by the State Corporation shall be carried out upon presentation of an identity document of the service recipient (or its representative by power of attorney).
10. The state corporation ensures the storage of finished documents for one month, after which it transfers them to the service provider for further storage. When the service recipient applies after one month, at the request of the State Corporation, the service provider within one working day sends ready-made documents to the State Corporation for issuance to the service recipient.
11. The service provider ensures entering the data on the stage of provision of the state service to the information system of monitoring of provision of state services, in accordance with the procedure, established by the authorized body in the field of informatization according to subclause 11) of clause 2 of Article 5 of the Law.
Chapter 3. The procedure for appealing decisions, actions (inaction) of the service provider and (or) its officials, the State Corporation and (or) its employees on the provision of state services
12. For the purposes of appealing the decisions, actions (inaction) of the service provider and (or) its officials, concerning the issues of provision of state services, the service recipient shall be entitled at his own discretion to file a claim with the court in accordance with subclause 6) of clause 1 of Article 4 of the Law and (or) a complaint against the management of the service provider at the address specified in clause 7 of 7 Appendix 4 to these Rules.
A complaint of the service recipient, receive to the address of the service provider, in accordance with clause 2 of Article 25 of the Law is subject to consideration within 5 (five) working days from the date of its registration.
The complaint of the service recipient, received by the authorized body for the assessment and control of the quality of the provision of state services, is subject to consideration within 15 (fifteen) working days from the date of its registration.
13. The procedure for appealing the decision, actions (inaction) of the State Corporation and (or) its employees, taking into account the recommendation, in accordance with clause 12 of these Rules.
Application on waste transit
________________________________________________________________________
(Full name (if any) or the full name of the legal entity, position
surname, name, patronymic (if any) of the head or a representative)
Represented by______________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
Hereby request to provide the state service "Conclusion of the authorized body of the member states of the Eurasian Economic Union on the transit of hazardous waste through the customs territory of the Eurasian Economic Union".
I agree to the use of information constituting a secret protected by law contained in information systems.
Date: "__"___________ 20___ Signature: ________________________
seal
Note:
Full name (if any) – surname, name, patronymic (if any)
seal – Place for the seal (except for persons, who are private entrepreneurs)
Document on the transportation of waste
1. a) Exporter (name, address): | 4. a) according to | 5. Supply Serial No. | |||||
Contact person: | Phone: | notification No. | |||||
Fax: | 4. b) transportation under (2) | A single-time notification | |_| | ||||
General notification | |_| | ||||||
6. Facility for placement / use (name, address) | |||||||
1. b) manufacturer of waste (name, address) (1): | Contact person | Phone: | |||||
Method of production | Fax: | ||||||
Contact person: |
Phone: | 7. Methods of placement / use | |||||
Facility, where the waste was generated: | Code D: (3) | ||||||
Code R: (3) | |||||||
2. Importer (name, address): | Employed technology | ||||||
Contact person: | Phone: | ||||||
Please contact: | Fax: | ||||||
3. Person that is responsible for waste disposal (name, address): | (indicate details, if necessary) | ||||||
8. Insurance Information: (on the applicable insurance claims and how they are met by the exporter, carrier and the person responsible for disposal) | Details of the insurance contract and insurance policy: | ||||||
9. 1-st carrier (name, address) | 10. 2-nd carrier (name, address) (4): | 11. Last carrier (name, address) | |||||
Phone: | Fax: | Phone: | Fax: | Phone: | Fax: | ||
12. Type of transportation (3): | 13. Type of transportation (3): | 14. Type of transportation (3): | |||||
Date/transhipment point: | Date/transhipment point: | Date/transhipment point: | |||||
Signature of the representative of the carrier | Signature of the representative of the carrier | Signature of the representative of the carrier | |||||
15. Name and chemical composition of waste | 16. Physical properties (3) | ||||||
17. Actual quantity kg | 18. Package type(s) (3): | ||||||
19. Waste identification code | |||||||
IWIC: | l | ||||||
in the country of export | EWC: | ||||||
in the country of import | other (specify) | ||||||
Customs code | 21. UN classification: | ||||||
UN cargo name: | |||||||
20. OECD classification (2) red |_| | UN number: | UN class (3): | |||||
yellow |_| | |||||||
Number Н (3): | |||||||
green |_| | and number | ||||||
(give details) | Number Y: | ||||||
22. Special handling requirements | 23. Exporter's (Manufacturer's) Declaration: I confirm that the information in columns 1 - 9 and 13 - 21 above is complete and true as far as I know. I also confirm that contractual obligations have been established that are legally binding and committed in writing, that there are appropriate guarantees covering the transboundary movement of wastes, and that no objections have been received from the competent authorities of all interested states that are parties to the Basel Convention. | ||||||
24. Actual date of dispatch | |||||||
Date: | Signature: | ||||||
Name: | |||||||
To be completed by the consignee/facility for placement/use | |||||||
25. Delivery is received by the recipient (if it is not the facility of placement / use: | 27. I confirm that the disposal / use of the waste described above has been performed. | ||||||
Received quantity: | kg(l) | accepted | |_| | ||||
Date: | rejected (5) | |_| | Date: | ||||
Name: | Signature | ||||||
Name: | |||||||
26. The delivery was received at the facility of placement/use: | |||||||
Received quantity: | kg(l) | Accepted (5) | |_| | Signature and seal: | |||
Date: | rejected | |_| | |||||
Name: | Signature | ||||||
Approximate date of placement/use: | |||||||
Method of placement/use | |||||||
To be filled in by the person responsible for disposal of waste | |||||||
28. Delivery has been received by the person responsible of waste disposal: | 29. I confirm that the disposal of waste described above will be performed: | ||||||
Received quantity: | kg(l) | Accepted: | |_| | ||||
Date: | Rejected (5) | |_| | Date: | ||||
Name: | Signature | ||||||
Name: | |||||||
30. Delivery was received at waste disposal facility: | |||||||
Received quantity: | kg(l) | accepted (5) | |_| | Signature and seal: | |||
Date: | rejected | |_| | |||||
Name: | Signature | ||||||
Approximate date of disposal: | Actual location of the place of disposal: | ||||||
Method of disposal: | |||||||
Note:
Seal – Place for the seal (except for persons, who are private entrepreneurs)
Full name (if any) – surname, name, patronymic (if any)
CUCC FEA code– Code of the Customs Union Commodity Classification of Foreign Economic Activity of Eurasian
Phone – telephone
Fax – telephone - fax
1-st carrier – first carrier
2-nd carrier – second carrier
OECD – Organization for Economic Co-operation and Development
IWIC – International Waste Identification Code
EWC – European Waste Catalogue
OECD classification – Classification of the Organization for Economic Co-operation and Development
UN number – Number of the United Nations
UN class – Classification of the United Nations
kg(l) – kilogram (litre)
Number Ү, number Н – Code of the waste type according to classification
Code D – operations on disposal
Code R – Operations that may lead to recovery, recycling, disposal, direct reuse or alternative use
Notification of the transboundary movement of hazardous wastes
1. Exporter (name, address): | 4. Notification regarding (1): | No. notification | |||
Contact person: | Phone: | A. a) a single transportation |_| | B. c) placement |_| | ||
Fax: | b) general notification (multiple transportation) | d) use |_| | |||
Reason for export: | B. Facility, for which permission was previously obtained | ||||
2. Importer (name, address): | |||||
Contact person: | Phone: Fax: | 5. Total planned quantity of deliveries: | 6. Expected waste quantity (3): kg(l) | ||
7. Expected dates or periods of delivery (abt): | |||||
3. Person that is responsible for waste disposal (name, address) (2): | |||||
Contact person: | Phone: Fax: | ||||
8. Expected carriers (name, address) (2): | 9. Facility for placement/use (name, address): | ||||
Contact person: | Phone: | Phone: | |||
Fax: | Fax: | ||||
11. Manufacturer(s) of waste (name, address) (2): | Actual waste management facility | ||||
10. Methods of placement/use (2) | |||||
Contact person: | Phone: Fax: |
Code D/Code R (4): | |||
(Give details, if necessary) | |||||
12. Information about the concluded contract between the exporter and the person responsible for disposal | 13. Information (including a technical description of the enterprise) sent to the exporter or manufacturer by the person responsible for disposal, on the basis of which the latter concludes that the intended disposal can be carried out in an environmentally sound manner and in accordance with the rules and regulations of the country of import: | ||||
Facility, where the waste was generated | 14. Type(s) of transportation (4): | 15. Type(s) of packaging (4): | |||
16. Insurance information: (on the relevant insurance claims and how they are met by the exporter, carrier and the person responsible for the disposal) | Details of the insurance contract and insurance policy | ||||
17. a) Name and chemical composition of waste | 17. b) Special handling requirements: | 18. Physical characteristics (4): | |||
19. Waste Identification Code | 21. Number Ү (4): | ||||
in the country of export: | IWIC: | ||||
in the country of import: | EWC: | 22. Number Н (4) | |||
Customs code: | Other (specify) | ||||
20. OECD classification (1): yellow |_| red |_| green |_| | 23. a) UN identification: | 23. b) UN class (4): | |||
and number | |||||
(attach a detailed description) | |||||
24. Interested countries. Code number of competent authorities and designated points of entry and exit: | |||||
State of export | States of transit | State of import | |||
25. Customs services of the entry and / or exit point | 27. Manufacturer's (exporter's) statement: I confirm that this information is complete and true as far as I know. I also confirm that contractual obligations have been established, legally binding and in writing, and that there are appropriate guarantees covering the transboundary movement of waste. | ||||
Export point: | 26. Quantity of appendices | ||||
Name: | Signature: | ||||
Date: | |||||
To be completed by the competent authorities | |||||
28. To be completed by the competent authority of the country-importer, transit | 29. Authorization of the competent authority for transportation: | ||||
Notification received: | Name of the competent authority, seal and signature | ||||
Confirmation is sent: | |||||
Name of the competent authority: | Authorization is valid until: | ||||
Seal and / or signature: | Special conditions: | ||||
yes | |||||
no | |||||
Note:
seal – Place for the seal (except for persons, who are private entrepreneurs)
Full name (if any) – surname, name, patronymic (if any)
CUCC FEA code– Code of the Customs Union Commodity Classification of Foreign Economic Activity of Eurasian
Phone – telephone
Fax – telephone - fax
1-st carrier – first carrier
2-nd – second carrier
OECD – Organization for Economic Co-operation and Development
IWIC – International Waste Identification Code
EWC – European Waste Catalogue
OECD classification – Classification of the Organization for Economic Co-operation and Development
UN number – Number of the United Nations
UN class – Classification of the United Nations
kg(l) – kilogram (litre)
Number Ү, number Н – Code of the waste type according to classification
Code D – operations on disposal
Code R – Operations that may lead to recovery, recycling, disposal, direct reuse or alternative use
Standard of the state service "Conclusion of the authorized body of the member states of the Eurasian Economic Union on the transit of hazardous waste through the customs territory of the Eurasian Economic Union" | ||
1 | Name the service provider | Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan (hereinafter referred to as the service provider) |
2 | Methods of provision of the state service | Through the State Corporation " Government for citizens" (hereinafter referred to as the State Corporation). |
3 |
Period of provision of the state service | Period of provision of the state service from the time of submission of a package of documents to the State Corporation – 10 (ten) working days. |
4 | Form of provision of the state service | On paper |
5 | Result of provision of the state service |
Conclusion of the authorized body of the member states of the Eurasian Economic Union on the transit of hazardous waste through the customs territory of the Eurasian Economic Union, or a substantiated refusal to provide the state service. |
6 | The amount of payment charged to the service recipient for the provision of state services, and the methods of its collection in cases provided for by the legislation of the Republic of Kazakhstan | The state service is provided to the service recipients free of charge. |
7 | Work schedule |
1) the service provider: from Monday to Friday, in accordance with the established work schedule from 9.00 a.m. to 18.30 p.m., except for weekends and holidays, according to the labor law of the Republic of Kazakhstan, with a break for lunch from 13.00 p.m. to 14.30 p.m.; |
8 | List of documents required for the provision of the state service |
1) identity document, of the service recipient (for personal identification) (or its representative by power of attorney); |
9 | Grounds for refusal to provide state services established by the legislation of the Republic of Kazakhstan |
1) establishment of the unreliability of the documents provided by the service recipient for receiving the state service, and (or) the data (information) contained therein; |
10 | Other requirements, taking into account the specifics of the provision of state services, including those provided in electronic form and through the State Corporation |
1) Addresses of the places of the provision of the state service are placed on the Internet resource of the State Corporation: gov4c.kz. |
Receipt of the refusal to accept the application
In accordance with clause 2 of article 20 of the Law of the Republic of Kazakhstan dated April 15, 2013 "On state services", the State Corporation " Government for citizens" (indicate the address) hereby refuses to accept the application for provision of the state service __________________________________ due to submission by you of incomplete package of documents according to the list and (or) documents with expired validity period stipulated by the Rules, in particular:
Names of the missing documents:
1) ____________________________________
2) ____________________________________
3) ____________________________________
This receipt was made in 2 copies, one copy for each of the parties.
_______________________________________________________________________
Full name (if any) signature
of the employee of the State Corporation
Accepted: _____________________________________ / ________________________
Full name (if any) / signature of the service recipient
"___" _________ 20__
Note:
Full name (if any) – surname, name, patronymic (if any)
CONCLUSION
(authorization document) No. _________ /20 /_____
__________________________________________________________________________________________
(state government body of a member state of the Eurasian Economic Union, which issued the conclusion)
Issued to ______________________________________________________________
(name of organization, legal address, country /for individuals surname, name, patronymic (if any)
Type of movement _____________________________________________________
(Type of movement)
_________________| |___________________________________________________
(section of the Unified list of goods)
(Code of the Commodity Nomenclature for Foreign Economic Activities of the Eurasian Economic Union)
Name of goods | Quantity | Measuring unit |
Consignee/Consignor ____________________________________________ (name, legal address, country)
Country of destination / departure__________________________________________
Purpose of import (export) _________________________________________________
Term for temporary import (export) __________________________________________
Grounds: ______________________________________________________________
______________________________________________________________________
Additional information ___________________________________________________
______________________________________________________________________
Country of transit_______________________________________________________
(transit in the territory)
______________________________________________________________________
signature__________ date _______ | |
The decision is valid until |
_______________________________ |
Note:
seal – Place for the seal
Full name (if any) – surname, name, patronymic (if any)
