LAW OF THE REPUBLIC OF KAZAKHSTAN

of October 5, 2018 No. 184-VI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning ensuring unity of measurements and standardization

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Civil code of the Republic of Kazakhstan (Special part) of July 1, 1999 (The sheet of Parliament of the Republic of Kazakhstan, 1999, No. 16-17, of Art. 642; No. 23, Art. 929; 2000, No. 3-4, of Art. 66; No. 10, Art. 244; No. 22, Art. 408; 2001, No. 23, Art. 309; No. 24, Art. 338; 2002, No. 10, Art. 102; 2003, No. 1-2, of Art. 7; No. 4, Art. 25; No. 11, Art. 56; No. 14, Art. 103; No. 15, Art. 138, 139; 2004, No. 3-4, of Art. 16; No. 5, Art. 25; No. 6, Art. 42; No. 16, Art. 91; No. 23, Art. 142; 2005, No. 21-22, of Art. 87; No. 23, Art. 104; 2006, No. 4, Art. 24, 25; No. 8, Art. 45; No. 11, Art. 55; No. 13, Art. 85; 2007, No. 3, Art. 21; No. 4, Art. 28; No. 5-6, of Art. 37; No. 8, Art. 52; No. 9, Art. 67; No. 12, Art. 88; 2009, No. 2-3, of Art. 16; No. 9-10, of Art. 48; No. 17, Art. 81; No. 19, Art. 88; No. 24, Art. 134; 2010, No. 3-4, of Art. 12; No. 5, Art. 23; No. 7, Art. 28; No. 15, Art. 71; No. 17-18, of Art. 112; 2011, No. 3, Art. 32; No. 5, Art. 43; No. 6, Art. 50, 53; No. 16, Art. 129; No. 24, Art. 196; 2012, No. 2, Art. 13, 14, 15; No. 8, Art. 64; No. 10, Art. 77; No. 12, Art. 85; No. 13, Art. 91; No. 14, Art. 92; No. 20, Art. 121; No. 21-22, of Art. 124; 2013, No. 4, Art. 21; No. 10-11, of Art. 56; No. 15, Art. 82; 2014, No. 1, Art. 9; No. 4-5, of Art. 24; No. 11, Art. 61, 69; No. 14, Art. 84; No. 19-I, 19-II, Art. 96; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 7, Art. 34; No. 8, Art. 42, 45; No. 13, Art. 68; No. 15, Art. 78; No. 19-I, Art. 100; No. 19-II, Art. 102; No. 20-VII, Art. 117, 119; No. 22-I, Art. 143; No. 22-II, Art. 145; No. 22-III, Art. 149; No. 22-VI, Art. 159; No. 22-VII, Art. 161; 2016, No. 7-I, Art. 49; No. 7-II, Art. 53; No. 8-I, Art. 62; No. 12, Art. 87; No. 24, Art. 126; 2017, No. 4, Art. 7; No. 13, Art. 45; No. 21, Art. 98; 2018, No. 11, Art. 37; No. 13, Art. 41; No. 14, Art. 44; No. 15, Art. of 47,50):

in Item 1 of Article 565 of the word "for the entrepreneurial purposes" to exclude.

2. In the Water code of the Republic of Kazakhstan of July 9, 2003 (The sheet of Parliament of the Republic of Kazakhstan, 2003, No. 17, Art. 141; 2004, No. 23, Art. 142; 2006, No. 1, Art. 5; No. 3, Art. 22; No. 15, Art. 95; 2007, No. 1, Art. 4; No. 2, Art. 18; No. 19, Art. 147; No. 24, Art. 180; 2008, No. 6-7, of Art. 27; No. 23, Art. 114; No. 24, Art. 129; 2009, No. 2-3, of Art. 15; No. 15-16, of Art. 76; No. 18, Art. 84; 2010, No. 1-2, of Art. 5; No. 5, Art. 23; No. 24, Art. 146; 2011, No. 1, Art. 2, 7; No. 5, Art. 43; No. 6, Art. 50; No. 11, Art. 102; No. 16, Art. 129; 2012, No. 3, Art. 27; No. 14, Art. 92; No. 15, Art. 97; No. 21-22, of Art. 124; 2013, No. 9, Art. 51; No. 14, Art. 72, 75; No. 15, Art. 79, 82; No. 16, Art. 83; 2014, No. 1, Art. 4; No. 2, Art. 10; No. 7, Art. 37; No. 10, Art. 52; No. 19-I, 19-II, Art. 96; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 11, Art. 57; No. 19-II, Art. 103; No. 20-IV, Art. 113; 2016, No. 6, Art. 45; No. 7-II, Art. 56; No. 8-II, Art. 72; 2017, No. 3, Art. 6; No. 12, Art. 34; No. 14, Art. 51, 54; No. 23-V, Art. 113; 2018, No. 10, Art. 32):

to state Item 3 of Article 53 in the following edition:

"3. Production supervision in the field of use and protection of water fund is performed based on metering devices of the waters which underwent approval of type or metrological certification according to the procedure, established by the Law of the Republic of Kazakhstan "About ensuring unity of measurements".".

3. In the Ecological code of the Republic of Kazakhstan of January 9, 2007 (The sheet of Parliament of the Republic of Kazakhstan, 2007, No. 1, Art. 1; No. 20, Art. 152; 2008, No. 21, Art. 97; No. 23, Art. 114; 2009, No. 11-12, of Art. 55; No. 18, Art. 84; No. 23, Art. 100; 2010, No. 1-2, of Art. 5; No. 5, Art. 23; No. 24, Art. 146; 2011, No. 1, Art. 2, 3, 7; No. 5, Art. 43; No. 11, Art. 102; No. 12, Art. 111; No. 16, Art. 129; No. 21, Art. 161; 2012, No. 3, Art. 27; No. 8, Art. 64; No. 14, Art. 92, 95; No. 15, Art. 97; No. 21-22, of Art. 124; 2013, No. 9, Art. 51; No. 12, Art. 57; No. 14, Art. 72, 75; 2014, No. 1, Art. 4; No. 2, Art. 10; No. 7, Art. 37; No. 10, Art. 52; No. 12, Art. 82; No. 14, Art. 84; No. 19-I, 19-II, Art. 96; No. 21, Art. 122; No. 23, Art. 143; No. 24, Art. 145; 2015, No. 8, Art. 42; No. 11, Art. 57; No. 20-IV, Art. 113; No. 20-VII, Art. 115; No. 22-I, Art. 141; No. 22-II, Art. 144; No. 22-V, Art. 156; 2016, No. 1, Art. 2; No. 6, Art. 45; No. 7-II, Art. 56, 57; No. 8-II, Art. 71, 72; No. 24, Art. 124; 2017, No. 4, Art. 7; No. 7, Art. 14; No. 9, Art. 17; No. 12, Art. 34; No. 23-III, Art. 111; No. 23-V, Art. 113; 2018, No. 10, Art. 32):

1) in table of contents:

to exclude heading of Article 31;

to state headings of Articles 34 and 34-1 in the following edition:

"Article 34. Implementation and application of international standards

Article 34-1. International standards and national standards in the field of emissions and absorption of greenhouse gases";

2) in Article 17:

add with subitem 26-2) of the following content:

"26-2) performs consideration of draft documents on standardization within competence, and also preparation of offers on development, modification, review and cancellation of national, interstate standards, national qualifiers of technical and economic information and recommendations about standardization for entering into authorized body in the field of standardization;";

add with subitem 28-13) of the following content:

"28-13) develops and approves rules of compensation to producers of socially important food products of the expenses connected with introduction of payment for the organization of collection, transportation, conversion, neutralization, use and (or) waste recycling by producers (importers) of polymeric, glass, paper, cardboard and (or) metal packagings, packaging from the combined materials applied to packing of socially important food products;";

in the subitem 29):

the thirty fourth to state the paragraph in the following edition:

"rules of production incentive in the Republic of Kazakhstan of environmentally friendly automotive vehicles (corresponding to ecological class 4 above; with electric motors) and their components, and also the self-propelled agricultural machinery conforming to the ecological requirements determined by technical regulations together with authorized body in the field of the state support of industrial and innovative activities;";

add with the paragraph the thirty fifth the following content:

"rules of production incentive in the Republic of Kazakhstan cable and conduction products: ecologically safe (nonflammable and (or) with the lowered fire danger both small dymo-and gas emission); which waste is processed in the territory of the Republic of Kazakhstan, together with authorized body in the field of the state support of industrial and innovative activities;";

Article 31 to exclude 3);

Item 4 of Article 32 to state 4) in the following edition:

"4. Standards of environmentally friendly products, form and technical requirements to sign of environmentally friendly products are established by the non-profit organization accredited according to the Law of the Republic of Kazakhstan "About accreditation in the field of assessment of conformity".";

5) in Article 34:

state heading in the following edition:

"Article 34. Implementation and application of international standards";

add with Item 1-1 of the following content:

"1-1. Implementation and application of international standards are performed according to the legislation of the Republic of Kazakhstan in the field of standardization.";

6) in Article 34-1:

in heading the word "Standards" shall be replaced with words "International standards and national standards";

in Item 1:

shall be replaced with words the words "in the field of technical regulation" "in the field of standardization";

shall be replaced with words words of "standards of the Republic of Kazakhstan" "national standards";

in Item 2 "standards" shall be replaced with words the word "international standards and national standards";

Item 9 of Article 132 to state 7) in the following edition:

"9. Production monitoring of the environment is performed by the production or independent laboratories accredited according to the procedure, established by the Law of the Republic of Kazakhstan "About accreditation in the field of assessment of conformity".";

8) in Item 5 of Article 158-4 of the word "authorized body in the field of technical regulation and ensuring unity of measurements" shall be replaced with words "authorized body in the field of standardization";

The subitem 2) of Item 2 of Article 220 to state 9) in the following edition:

"2) to provide determination of chemical composition of the dumped waters in own or other laboratories accredited according to the procedure, established by the Law of the Republic of Kazakhstan "About accreditation in the field of assessment of conformity";";

10) in Article 283:

in part two of item 4 of the word "standards of the Republic of Kazakhstan" shall be replaced with words "national standards";

in Item 6 of the word "standards of the Republic of Kazakhstan", "standards" to replace respectively with words "national standards", "national standards";

11) in Article 285-1:

the second the subitem 1) of Item 1 to add part with words ", self-propelled agricultural machinery";

in Item 2:

in the subitem 1):

after words of "paper and (or) cardboard packagings" to add with words ", rechargeable batteries";

"paper and cardboard respectively" shall be replaced with words words "paper and cardboard, the used rechargeable batteries respectively";

in the subitem 3) "paper and (or) cardboard" shall be replaced with words words "paper, cardboard and (or) metal";

4) to add the subitem with words ", self-propelled agricultural machinery";

add with subitems 5), 6), 7) and 8) of the following content:

"5) importers regarding polymeric, glass, paper, cardboard and (or) metal packagings, packaging from the combined materials into which socially important food products which list affirms the Government of the Republic of Kazakhstan are packed;

6) producers regarding the made plastic packaging from preforms for which the payment for the organization of collection, transportation, conversion, neutralization, use and (or) waste recycling is brought;

7) importers regarding the imported polymeric, glass, paper, cardboard and (or) metal packagings, packaging from the combined materials into which it is packed imported (imported) products (goods) used (used) in their activities as fixed assets, materials, raw materials, spare parts (component parts) in case of production, performance of works, rendering services, for general economy needs and not intended (intended) for realization;

8) importers regarding the imported polymeric, glass, paper, cardboard and (or) metal packagings into which the goods imported as foreign free aid in the procedure established by the legislation of the Republic of Kazakhstan are packed.";

12) in Article 285-2:

add with subitem 1-1) of the following content:

"1-1) compensations to producers of socially important food products of the expenses connected with introduction of payment for the organization of collection, transportation, conversion, neutralization, use and (or) waste recycling by producers (importers) of polymeric, glass, paper, cardboard and (or) metal packagings, packaging from the combined materials applied to packing of socially important food products;";

2) to state the subitem in the following edition:

"2) production incentive in the Republic of Kazakhstan of environmentally friendly automotive vehicles (corresponding to ecological class 4 above; with electric motors) and their components, and also the self-propelled agricultural machinery conforming to the ecological requirements determined by technical regulations, way:

financings of their producers in the following directions: content of workplaces; use of energy resources; implementation of research and developmental developments; carrying out the testing connected with production; support of warranty obligations;

financings of the discount provided by the producer to physical persons and legal entities in case of acquisition by them of the vehicle and (or) the self-propelled agricultural machinery in the territory of the Republic of Kazakhstan made in the Republic of Kazakhstan.

Rules of production incentive in the Republic of Kazakhstan of environmentally friendly automotive vehicles (corresponding to ecological class 4 above; with electric motors) and their components, and also the self-propelled agricultural machinery conforming to the ecological requirements determined by technical regulations are established:

form of the standard agreement between producers of environmentally friendly automotive vehicles and the operator of expanded obligations of producers (importers) with indication of terms and the amounts of financing;

form of the standard agreement between producers of the self-propelled agricultural machinery conforming to the ecological requirements determined by technical regulations, and the operator of expanded obligations of producers (importers) with indication of terms and the amounts of financing;

forms of the reporting on production of environmentally friendly automotive vehicles and terms of their representation of expanded obligations to the operator of producers (importers);

forms of the reporting on production of self-propelled agricultural machinery and terms of their representation of expanded obligations to the operator of producers (importers);

requirements to producers of environmentally friendly automotive vehicles;

requirements to producers of self-propelled agricultural machinery;

conditions, including procedure for determination of the size, and procedure for financing of the discount provided by the producer to physical persons and legal entities in case of realization made in the Republic of Kazakhstan of the vehicle and (or) self-propelled agricultural machinery by provision of the document confirming delivery on utilization left the operation of the vehicle and (or) self-propelled agricultural machinery providing the right to discount for acquisition of the vehicle and (or) self-propelled agricultural machinery in the territory of the Republic of Kazakhstan, made in the Republic of Kazakhstan;";

add with subitem 2-1) of the following content:

"2-1) production incentive in the Republic of Kazakhstan cable and conduction products: ecologically safe (nonflammable and (or) with the lowered fire danger both small dymo-and gas emission); which waste is processed in the territory of the Republic of Kazakhstan, by financing of their producers in the following directions: content of workplaces; use of energy resources; purchase of raw materials for production of ecologically safe and (or) processed products; implementation of research and developmental developments; carrying out the testing connected with production; certification of products.

Rules of production incentive in the Republic of Kazakhstan cable and conduction products: ecologically safe (nonflammable and (or) with the lowered fire danger both small dymo-and gas emission); which waste is processed in the territory of the Republic of Kazakhstan, is established:

form of the standard agreement between producers of cable and conduction products and the operator of expanded obligations of producers (importers) with indication of terms and the amounts of financing;

forms of the reporting on production of cable and conduction products and terms of their representation of expanded obligations to the operator of producers (importers);

requirements to producers of cable and conduction products;

requirements to products and engineering procedures;

conditions and procedure for financing.

Requirements for ecological safety of cable and conduction products (nonflammable and (or) with the lowered fire danger both small dymo-and gas emission) are determined according to national standards, in case of their absence - interstate standards;";

13) in Item 1 of Article 285-4:

add with subitems 3-1) and 3-2) of the following content:

"3-1) return and (or) offset on account of the forthcoming payments of excessively paid amounts made in the procedure established by the operator of expanded obligations of producers (importers) based on appeals of producers and importers on condition of confirmation of excessively paid amounts;

3-2) control of correctness of submission of documents by producers of socially important food products for receipt of compensation of part of the expenses connected with introduction of payment for the organization of collection, transportation, conversion, neutralization, use and (or) waste recycling by producers (importers) of polymeric, glass, paper, cardboard and (or) metal packagings, packaging from the combined materials applied to packing of socially important food products;";

6) to add the subitem with words ", self-propelled agricultural machinery";

in subitems 10-1) and 10-2) of the word of "the vehicle which left operation" shall be replaced with words "left operation of the vehicle and (or) self-propelled agricultural machinery";

add with subitem 10-3) of the following content:

"10-3) direction of the money which arrived on its bank account in the form of payment for the organization of collection, transportation, conversion, neutralization, use and (or) waste recycling according to the directions, stipulated in Article 285-2 of this Code;";

14) in Article 292-1:

in Item 1 shall be replaced with words the word of "standards" "national standards";

in Item 2 of the word "standards of the Republic of Kazakhstan", "standards" to replace respectively with words "national standards", "national standards";

15) in Item 3-1 of Article 306 of the word "standards of the Republic of Kazakhstan", "standards" to replace respectively with words "national standards", "national standards".

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