of December 18, 2024 No. 763
About approval of the Regulations on the organization of work of the coal logistic center with conveyor transport
For the purpose of development of the export potential and improvement of logistic infrastructure of coal industry, and also implementation of the Investment agreement on cooperation in case of implementation of the investment project on construction of the coal logistic center with the belt conveyer near the check point "Irkeshtam-avtodorozhny" on the Kyrgyz-Chinese border in the territory of the Alay district of the Osh region of the Kyrgyz Republic between the Cabinet of Ministers of the Kyrgyz Republic and "Xinjiang Dacheng Yuanlong Technology Co., LTD", according to articles 13, of the 17th constitutional Law of the Kyrgyz Republic "About the Cabinet of Ministers of the Kyrgyz Republic" decides the Cabinet of Ministers of the Kyrgyz Republic:
1. Approve Regulations on the organization of work of the coal logistic center with conveyor transport according to appendix.
2. To the State Customs Service under the Ministry of Finance of the Kyrgyz Republic, the Border service of the State committee of homeland security of the Kyrgyz Republic when exporting coal by means of conveyor transport to be guided by the legislation of the Kyrgyz Republic and Regulations on the organization of work of the coal logistic center with the conveyor transport specified in Item 1 of this resolution.
3. To the ministries, the state committee, administrative departments and other executive bodies, local public administrations and local government bodies (under approval) to bring the decisions into accord with this resolution.
4. To impose control of execution of this resolution on management of control of execution of decisions of the President and the Presidential Administration Cabinet of Ministers of the Kyrgyz Republic.
5. This resolution becomes effective after seven days from the date of official publication.
Chairman of the Cabinet of Ministers of the Kyrgyz Republic
A.Kasymaliyev
Appendix
to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of December 18, 2024 No. 763
1. The regulations on the organization of work of the coal logistic center with conveyor transport (further - the Provision) establish procedure for the organization of work of the coal logistic centers with conveyor transport (further - conveyor transport), mandatory technical requirements to design of the conveyor transport intended for coal transportation including system of its management, the requirement to the organization of safe transportation of coal, and also implementation of customs regulation when moving coal products by conveyor transport through customs border of the Eurasian Economic Union in the Kyrgyz Republic.
2. In this Provision the following terms are used:
conveyor transport is the mechanism of continuous transport intended for movement of loose, lumpy or breakbulk cargoes of coal products through Frontier of the Kyrgyz Republic (further - Frontier).
customs declaring - the statement to customs authority with use of the customs declaration of data on goods, about the chosen customs procedure and (or) other data necessary for receipt of the import permit (export) of coal products in (from) the border territory(territories), boundary strip(s) and its further movement through Frontier;
the customs applicant - the state company or the business entity with the state share in the authorized capital submitting the customs declaration or on behalf of which she moves when placing coal products;
warehouses of loading and unloading - the storage location of coal products when loading and unloading coal products.
3. Conveyor transport is established near check points on Frontier.
4. Designing and construction of the coal logistic centers with conveyor transport shall be performed according to requirements of the legislation of the Kyrgyz Republic in the field of town planning and architecture, technical regulations of the Kyrgyz Republic, Construction Norms and Regulations 2.05.07-91 * (Industrial transport), approved with authorized bodies in the field of ecology, natural resources and technical supervision, protection of Frontier, ensuring national security and Customs Service (further - the controlling state bodies).
5. Designing, construction and operation of the coal logistic centers with conveyor transport are performed after receipt of the positive conclusions of authorized state body in the field of culture according to the legislation of the Kyrgyz Republic in the field of historical and cultural heritage, and also authorized state body of architecture and town planning according to the legislation of the Kyrgyz Republic in the field of town planning and architecture.
6. Management of the coal logistic center with conveyor transport, involvement of foreign specialists for work in the coal logistic center with conveyor transport, profit distribution from activities of the coal logistic center with conveyor transport in case of its organization by investment attraction are performed based on the reached agreements according to the current legislation of the Kyrgyz Republic.
7. Warehouses of loading and unloading shall provide convenient and safe loading and unloading of coal products without stopping of conveyor transport, except as specified, provided by Items 11 and 13 of this provision.
8. Warehouses of loading and unloading are equipped with stationary explosion-proof lamps, the weight equipment, the online observation cameras mounted on all site of conveyor transport, devices for scanning of the moved coal products, by devices of radiation control and fire safety and also are completed with the corresponding machinery and equipment (the fire car, fire boards in set, etc.).
9. Conveyor transport out of warehouses of loading and unloading shall be equipped with barrier (fences) height of at least 2,2 of m, the online observation cameras mounted on all site of conveyor transport, motion sensors, the protected zone (20 m on perimeter from conveyor transport) to frontier of the adjacent state.
10. At distance no more than 5 m from warehouses of loading and unloading are established the intercoms providing communication of staff of the coal logistic center with persons managing work of conveyor transport, and with staff of the controlling state bodies.
11. On all length conveyor transport shall be equipped with the devices providing to the staff of the coal logistic center possibility of stop (shutdown) of conveyor transport and system of the alarm system for access exception for the purpose of prevention of illegal crossing by persons and movement of smuggled goods and goods through Frontier.
12. In case of operation of protection during transportation of coal products repeated inclusion of conveyor transport is allowed by management of the logistic center with conveyor transport only after examination and elimination of the reason of stop of conveyor transport with the permission of the state monitoring bodies.
13. In case of identification of violations and signs of violation of Frontier and illicit movement of coal products the staff of the controlling state bodies has the right to instruct to stop work of the coal logistic center.
14. On conveyor transport tapes from fire-resistant material shall be applied to transportation of coal products.
15. Tapes it shall be docked according to requirements of instructions of manufacturers of conveyer belts or manufacturers of docking materials. Conveyer belts shall unite among themselves by methods of hot or cold curing.
16. Useful life of the belt conveyer 1 year for rubber-and-canvas tapes with durability of laying of 3 kN/cm and more, and also 1,5 of year for rubber-and-canvas tapes with durability of laying less than 3 kN / see. In the absence of the defects listed in this Item, the specified terms can annually be prolonged based on the conclusion of the commission formed by management of the logistic center with conveyor transport with participation of representatives of relevant organ of technical supervision of the Kyrgyz Republic.
17. Conveyor transport is the conveyor of the closed type which excludes access for strangers on the way from the coal logistic center to frontier of the adjacent state.
18. Conveyor transport for transportation of coal products is put into operation after approbation and acceptance by the commission formed by management of the logistic center with conveyor transport, with participation of representatives of territorial authorities of the state technical supervision and the controlling state bodies.
19. Responsibility for safe transportation of coal products is conferred on the logistic center with conveyor transport under which authority conveyor transport is. Replaceable supervision of safe transportation of coal products is assigned to heads of the logistic center.
Responsibility for safety of coal products in the territory of the logistic center is conferred on management of the logistic center under which authority conveyor transport is.
20. All workers and engineering employees of the coal logistic center to whom work with conveyor transport is necessary undergo the corresponding instructing in rules of the organization of safe operation on conveyor transport, and also shall be informed of service regulations and are trained in acceptances of loading and unloading about what the corresponding record in the book of personnel safety notification of works is made.
21. The stationary lamps providing lighting of platforms, the weight equipment, cameras of online observation, the device for scanning of the moved objects of the device of radiation control and other elements of security system shall be checked: every shift - the master or person servicing conveyor transport and the staff of the controlling state bodies; every day - the chief (mechanic) of change or his deputy (assistant); monthly - employees of technological division of the coal logistic center. Results of check shall be noted in the book of checks and repair of conveyor transport.
22. At least once in 6 months the commission formed by the order of management of the logistic center shall check condition of rezinotrosovy tapes and joint connections of all tapes on conveyor transport. Results of check shall be drawn up by the conclusion of said commission and representatives of territorial authorities of the state technical supervision about security status on object and suitability of tape to further operation.
23. In case of detection of defects or lack of elements of conveyor transport (including rollers), warehouses of loading and unloading, means of the alarm system, control units and protection, violations of fixture or publicizing of development transportation of coal products is forbidden before elimination of the available defects.
24. The customer the means and technical capabilities performs delivery of coal to the coal logistic center.
25. The customer performs sampling for ensuring incoming inspection of quality with obligatory participation of the representative of the customs applicant. Quality of coal is confirmed by the protocol of laboratory research certifying quality (certificate of conformity), provided by the customs applicant with each batch of coal including on radiation safety.
26. Acceptance of coal products by quantity and quality is made in accordance with the terms of the signed agreement, with the obligatory conclusion of express laboratory certifying quality of coal products.
27. Presence of the customer representative in case of acceptance and unloading of coal products is obligatory. In case of absence of the customer representative any claims are not accepted.
28. If in case of visual survey of coal products there are doubts in goods quality, the customer has the right not to ship coal products to complete definition of quality of coal products and to return not unloaded batch in case of confirmation of discrepancy to its contractual quality characteristics with the notification of the controlling state bodies.
29. Information on quality and quantity of coal products is shown to the customer no later than 20 calendar days from the date of receipt of coal products on warehouse of loading and unloading.
30. Officials of authorized state body in the field of protection of Frontier, the staff of authorized state body in the field of ensuring national security in case of control on Frontier:
- carry out raids on check of observance by citizens of the Kyrgyz Republic and foreign citizens of the legislation of the Kyrgyz Republic regulating questions of entrance (pass), temporary stay and movement in the border territory and in borderland;
- perform check of loads of vehicles and the valid identity documents, the permissions granting the right to entrance (pass), temporary stay and movement of citizens in the border territory and in borderland.
31. Citizens and the organizations which broke established procedure of entrance (pass), temporary stay or movement, conducting works and actions within the border territory and borderland are made responsible according to the legislation of the Kyrgyz Republic on offenses.
32. Observance of measures of non-tariff regulation and restrictions on coal products is made according to legislations of the Eurasian Economic Union (further - EEU) and the Kyrgyz Republic.
33. When exporting the coal products moved with conveyor transport from customs area of EEU in the Kyrgyz Republic its periodic customs declaring according to Article 116 of the Customs code of the Eurasian Economic Union is allowed.
34. The declaration on coal products moves in customs authority in which region of activities there is coal logistic center with conveyor transport, for carrying out the customs transactions connected with goods placement under customs procedure of export.
35. In case of periodic customs declaring the declaration on goods moves concerning coal products which will move through customs border of EEU in the Kyrgyz Republic two or more in lots during the delivery period.
36. The declaration on coal products moves prior to the beginning of the declared period of delivery which is not exceeding 31 calendar days.
37. In case of submission of the periodic customs declaration presentation to customs authority of the coal products moved with conveyor transport is required.
38. In case of customs declaration of goods, moved with conveyor transport, exported from customs area of EEU in the Kyrgyz Republic, indications of metering devices which are located in the territory are used:
1) the Kyrgyz Republic which is the country of departure of coal products;
2) the adjacent state - on condition of availability of the international treaties of the Kyrgyz Republic which took legal effect with the third party which is the adjacent state, the officials of customs authorities determining procedure for access to these metering devices.
39. The obligation on customs payment concerning the coal products moved with conveyor transport arises at the customs applicant from the moment of registration of the periodic customs declaration by customs authority.
40. When imposing customs seals on the metering device of coal products or their removal or change by personnel of the operator of conveyor transport preparation of places of sealing is performed.
41. Responsibility for safety of customs identifications is born by the operator of conveyor transport.
42. Customs identifications can change or be destroyed only by customs authorities in which region of activities there is conveyor transport.
43. Customs control over the actual movement of coal products by conveyor transport is exercised by the staff of customs authority.
44. Monthly together with the operator of conveyor transport the customs authority verifies data from the metering device for confirmation of goods quantity, moved with conveyor transport.
45. In case of removal of indications from metering devices the statement of removal of indications from metering devices of the coal products moved by means of conveyor transport (further - the act of removal of indications) in form according to appendix 1 to this Provision is in duplicate drawn up.
The employee of customs authority after creation of the act of removal of indications registers the registration of acts of removal of indications from metering devices of the coal products moved by means of conveyor transport this in the magazine in form according to appendix 2 to this Provision.
One copy of the act of removal of indications is stored at the operator of conveyor transport, and the second copy is stored at customs authority in which region of activities there is conveyor transport.
46. In case of identification of violations of the customs legislation of EEU in activities of conveyor transport the employee of customs authority in which region of activities there is conveyor transport without delay takes measures according to the legislation of EEU and the Kyrgyz Republic in the field of customs affairs.
to Regulations on the organization of work of the coal logistic center with conveyor transport
The act of removal of indications from metering devices of the coal products moved by means of conveyor transport "____" with ________________ 20 ___.
|
Name of the coal logistic center |
Number of the metering device |
Indications from metering devices |
Difference of indications of metering devices |
Note | |
|
1st of current month |
The 1st day of the expired month | ||||
Full name, position of the employee of customs authority
____________________________________________________________________
Signature of the employee __________________________________________________
Full name, position of the responsible operator of conveyor transport
____________________________________________________________________
to Regulations on the organization of work of the coal logistic center with conveyor transport
The magazine of registration of acts of removal of indications from metering devices of the coal products moved by means of conveyor transport
|
№ |
Date |
Sender |
Receiver |
Quantity (kg) |
Customs value |
Note |
Signature of the official |
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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