ORDER OF THE MINISTER OF ECOLOGY, GEOLOGY AND NATURAL RESOURCES OF THE REPUBLIC OF KAZAKHSTAN

of November 9, 2022 No. 688

About approval of Requirements to own system of collection, transportation, preparation for reuse applied by the producer or the importer, sortings, processings, conversions, neutralizations and (or) waste recyclings

According to item 4 of article 386 of the Ecological code of the Republic of Kazakhstan I ORDER:

1. Approve the enclosed Requirements to own system of collection, transportation, preparation for reuse applied by the producer or the importer, sortings, processings, conversions, neutralizations and (or) waste recyclings.

2. Declare invalid the order of the Minister of Energy of the Republic of Kazakhstan of December 25, 2015 No. 761 "About approval of Requirements to own system of collection, conversion and waste recycling" (it is registered in the Register of state registration of regulatory legal acts at No. 12669).

3. To provide to department of state policy of waste management of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

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

2) placement of this order on Internet resource of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan after its official publication;

3) within ten working days after state registration of this order submission to Department of legal service of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

4. To impose control of execution of this order on the supervising vice-minister of ecology, geology and natural resources of the Republic of Kazakhstan.

5. This order becomes effective after sixty calendar days after day of its first official publication.

Approved by the Order of the Minister of ecology, geology and natural resources of the Republic of Kazakhstan of November 9, 2022 No. 688

Requirements to own system of collection, transportation, preparation for reuse applied by the producer or the importer, sortings, processings, conversions, neutralizations and (or) waste recyclings

Chapter 1. General provisions

1. These Requirements to own system of collection, transportation, preparation for reuse applied by the producer or the importer, sortings, processings, conversions, neutralizations and (or) waste recyclings (further - Requirements) are developed according to item 4 of article 386 of the Ecological code of the Republic of Kazakhstan (further - the Code) and establish requirements to own system of collection, transportation, preparation for reuse, sortings, processings, conversions, neutralizations and (or) waste recyclings formed after loss of consumer properties of products (goods) on which, (which) expanded obligations of producers (importers) (further - products (goods) extend.

2. Use of own system of collection, transportation, preparation for reuse, sortings, processings, conversions, neutralizations and (or) waste recyclings consists in ensuring accomplishment of obligations by physical persons and legal entities (further - the producer (importer), performing production in the territory of the Republic of Kazakhstan and (or) import to the territory of the Republic of Kazakhstan of separate types of products (goods) on which, (which) expanded obligations of producers (importers) extend, according to the order of the Minister of ecology, geology and natural resources of the Republic of Kazakhstan of November 9, 2022 No. 689 "About approval of the list of separate types of products (goods), made in the territory of the Republic of Kazakhstan and (or) imported on the territory of the Republic of Kazakhstan by physical persons and legal entities on which provide collection, transportation, preparation for reuse, sorting, processing, conversion, neutralization and (or) waste recycling, the consumer properties of such products (goods) which are formed after loss" (it is registered in the Register of state registration of regulatory legal acts at No. 30484).

Chapter 2. Requirements to own system of collection, transportation, preparation for reuse applied by the producer or the importer, sortings, processings, conversions, neutralizations and (or) waste recyclings

3. Own system of collection, transportation, preparation for reuse, sortings, processings, conversions, neutralizations and (or) waste recyclings is performed by the organization of collection, transportation, preparation for reuse, sortings, processings, conversions, neutralizations and (or) waste recyclings formed after loss of consumer properties of products (goods).

4. In case of use of own system of collection, transportation, preparation for reuse, sortings, processings, conversions, neutralizations and (or) waste recyclings, the producer (importer) provides:

1) collection of waste from physical persons and legal entities for the purpose of the further direction of such waste on recovery;

2) transportation of waste which is performed by the vehicles belonging to the producer (importer) on the property right and (or) other other legal cause;

3) check of condition, cleaning and (or) repair by means of which products or its components which became waste are prepared for reuse without carrying out any other processing if the production schedules of the producer (importer) on activities for collection, transportation, preparation for reuse, sorting, processing, conversion, neutralization and (or) waste recycling with the description of use of own machinery and equipment for collection, transportation, preparation for reuse, sorting, processing, conversion, neutralization and (or) waste recycling (further - production schedules) provide preparation for reuse of waste;

4) separation of waste by their types and (or) fractions or analysis of waste on their components, performed separately or when accumulating waste before their collection, in the course of collection and (or) on objects where waste is exposed to transactions on recovery or waste disposal if the production schedules provide sorting of waste;

5) subjection of waste to the physical, thermal, chemical or biological impacts changing characteristics of waste for the purpose of simplification of further management of them which is performed separately or when accumulating waste before their collection, in the course of collection and (or) on objects where waste is exposed to transactions on recovery or removal if the production schedules provide processing of waste;

6) conversion of waste in the territory of the Republic of Kazakhstan:

for producers:

till 2027 at least 30 (thirty) percent from the mass of products (goods) sold in the corresponding half-year;

from 2027 to 2028 at least 32 (thirty two) percent from the mass of products (goods) sold in the corresponding half-year;

from 2028 to 2029 at least 34 (thirty four) percent from the mass of products (goods) sold in the corresponding half-year;

from 2029 to 2030 at least 36 (thirty six) percent from the mass of products (goods) sold in the corresponding half-year;

from 2030 to 2031 at least 38 (thirty eight) percent from the mass of products (goods) sold in the corresponding half-year;

since 2031 at least 40 (forty) percent from the mass of products (goods) sold in the corresponding half-year.

In case of not achievement of the indicators of conversion of waste specified in this subitem from the mass of products (goods) realized in the corresponding reporting half-year and also in case of failure to meet requirements of this Item, to the producer execution of expanded obligations of producers (importers) by use of own system does not prove to be true, and the producer fulfills expanded obligations of producers (importers) according to the subitem 2) of Item 2 of article 386 of the Code.

In case of achievement of indicators of conversion of waste from the mass of products (goods) realized in the corresponding half-year, specified in this subitem and also in case of fulfillment of requirements of this Item, to the producer execution of expanded obligations of producers (importers) by use of own system proves to be true.

For importers:

till 2027 at least 30 (thirty) percent from the mass of products (goods) imported in the corresponding half-year;

from 2027 to 2028 at least 32 (thirty two) percent from the mass of products (goods) imported in the corresponding half-year;

from 2028 to 2029 at least 34 (thirty four) percent from the mass of products (goods) imported in the corresponding half-year;

from 2029 to 2030 at least 36 (thirty six) percent from the mass of products (goods) imported in the corresponding half-year;

since 2030 2031 at least 38 (thirty eight) percent from the mass of products (goods) imported in the corresponding half-year;

since 2031 at least 40 (forty) percent from the mass of products (goods, imported in the corresponding half-year.

In case of not achievement of the indicators of conversion of waste specified in this subitem from the mass of products (goods) imported in the corresponding reporting half-year and also in case of failure to meet requirements of this Item, to the importer execution of expanded obligations of producers (importers) by use of own system does not prove to be true, and the importer fulfills expanded obligations of producers (importers) according to the subitem 2) of Item 2 of article 386 of the Code.

In case of achievement of indicators of conversion of waste from the mass of products (goods) imported in the corresponding half-year, specified in this subitem and also in case of fulfillment of requirements of this Item to the importer execution of expanded obligations of producers (importers) by use of own system proves to be true.

7) mechanical, physical and chemical or biological processing of waste for reduction or elimination of their dangerous properties if the production schedules provide neutralization of waste;

8) use of waste in others, in addition to conversion, the purposes, including as secondary energy resource for extraction of heat or electrical energy, production of different types of fuel, and also as secondary material resource for the purposes of construction, filling (bookmark, filling) the developed spaces (emptiness) in the earth or subsoil or in the engineering purposes during creation or change of landscapes of waste recycling if the production schedules provide waste recycling.

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