On amendments and additions to certain legislative acts of the Republic of Kazakhstan on environmental issues and improvement of certain sectors of the economy
The Law of the Republic of Kazakhstan dated July 8, 2026 No. 340-VIII SAM
Article 1. To make amendments and additions to the following legislative acts of the Republic of Kazakhstan:
1. To the Land Code of the Republic of Kazakhstan dated June 20, 2003:
1) paragraph 3 of Article 37 should be supplemented with the second part as follows:
"Subsurface users to whom the right of temporary paid land use (lease) has been granted under contracts for exploration and (or) production of hydrocarbons in accordance with subparagraph 3) paragraph 5 of this Article has the right to lease land plots (or parts thereof) belonging to them for secondary land use (subletting), with the exception of agricultural land, to another subsurface user for the purposes of conducting subsurface use operations under contracts for exploration and (or) production of hydrocarbons, if there is an agreement concluded between them on the procedure for conducting operations on a combined territory in accordance with Article 24 of the Code of the Republic of Kazakhstan "On Subsoil and Subsurface Use".";
2) in paragraph 2 of article 94:
The fourth part should be worded as follows:
"The deadline for taking measures for the rational use of agricultural land for farming or agricultural production is set at one year or in accordance with part five of this paragraph, if depletion and degraded soils are detected.";
add the following part of the fifth:
"When depletion and degraded soils are identified according to the following indicators of bonus points, the following deadlines are set for taking measures for the rational use of agricultural land for farming or agricultural production:
1) with a bonus score of up to twenty – five years;
2) with a bonus score from twenty to forty – four years;
3) with a bonus score from forty to sixty – three years;
4) with a bonus score from sixty to eighty – two years;
5) with a bonus score of eighty or higher – one year.";
Replace "fifth" with "sixth" in part six.
2. To the Forest Code of the Republic of Kazakhstan dated July 8, 2003:
"1") paragraph 2 of Article 1 after the word "offsets" should be supplemented with the words "and the market mechanisms of the Paris Agreement".;
"2") paragraph 3 of Article 2 after the word "offsets" should be supplemented with the words "and the market mechanisms of the Paris Agreement".;
3) in article 9-1:
Add "or "rules for the implementation of market mechanisms of Article 6 of the Paris Agreement" to paragraph 1 after the word "units".;
add paragraph 1-1 as follows:
"1-1. When implementing projects aimed at absorbing greenhouse gases in the territory of the state forest fund through the Paris Agreement market mechanism, a portion of the total greenhouse gas absorption established by the environmental legislation of the Republic of Kazakhstan is credited for the purposes of fulfilling the nationally determined contribution of the Republic of Kazakhstan to the global response to climate change.".
3. To the Business Code of the Republic of Kazakhstan dated October 29, 2015:
1) in article 129:
Paragraph 2 ""8-2," should be followed by the digits "8-3,";
Add paragraph 8-3 to read as follows:
"8-3. This chapter, with the exception of paragraphs 1, 2, 3 and 4 of Article 131 and Article 131-1 of this Code, does not apply to state control in the field of environmental protection, reproduction and use of natural resources in relation to operators of facilities of I and II categories provided for by the Environmental Code of the Republic of Kazakhstan.";
"add "8-3" to the first part of paragraph 17 after the digits "8-2,";
"add "8-3" to the first part of paragraph 19 after the digits "8-2,";
2) paragraph 6 of Article 193 should be supplemented with the following third part:
"Restrictions provided for in subparagraph 1) the first part of this paragraph does not apply to a single operator for the supply of petroleum products.".
4. To the Environmental Code of the Republic of Kazakhstan dated January 2, 2021:
1) add paragraph 1-1 to Article 2 as follows:
"1-1. Amendments and (or) additions to this Code are carried out by a law that does not provide for amendments and (or) additions to other laws of the Republic of Kazakhstan, with the exception of draft laws developed in accordance with the legislative initiative of the President of the Republic of Kazakhstan.";
"2") in paragraph 10 of Article 22, the words "register of emissions and transfer of pollutants" should be replaced by the words "National Data Bank on the State of the Environment and Natural Resources of the Republic of Kazakhstan".;
3) add subparagraph 1-1) to Article 26 as follows:
"1-1) determines the organization performing the functions of the National Waste Management Center;";
4) in the first part of paragraph 2 of Article 27:
Subparagraph 1) should be worded as follows:
"1) development and approval of regulatory legal acts and instructional and methodological documents in the field of environmental protection;";
add subparagraph 12-2) to read as follows:
"12-2) development and approval of the functions of the National Waste Management Center;";
5) in article 36:
Add the words ", in order to preserve natural ecological systems, the genetic fund of plants, animals and other organisms" to paragraph 1.;
""in paragraph 8, the words "from the point of view of the impact on the natural environment are established taking into account natural conditions" should be replaced by the words "are established for natural ecological systems and facilities";
6) in article 37:
Paragraph 3 should be supplemented with the second part as follows:
"The participation of the interested public in the development of quality targets is ensured in accordance with the rules of public hearings approved by the authorized body in the field of environmental protection.";
subparagraph 8) of paragraph 7:
after "recycling" add the words ", including energy waste disposal,";
add the words ", as well as waste transferred to the status of secondary resources after auxiliary waste management operations";
"7") in the first paragraph of paragraph 1 of Article 41, the words "preparation for reuse, recycling and disposal" should be replaced by the words "for restoration".;
8) paragraph 3 of Article 65 should be supplemented with the second part as follows:
"For activities carried out on the basis of technical design documents during the exploration of hydrocarbons, developed in accordance with the requirements of the Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use" (hereinafter – technical design documents), environmental impact assessment is not mandatory, except for the planned activities during the exploration of hydrocarbons in subsurface areas carried out at sea.";
9) in article 68:
""in the first part of paragraph 7, the words "acceptance of comments and suggestions specified in the second part of paragraph 9 of this Article" shall be replaced by the words "specified in paragraph 7 of Article 73 of this Code".;
""in paragraph 8, the words "three working days from the date of posting the application for the planned activity on official Internet resources" should be replaced by the words "the period specified in paragraph 6 of this Article,";
in paragraph 9:
add the following part of the third:
"In the case of the implementation of planned activities for projects implemented under investment contracts, investment agreements, as well as strategically important projects (worth more than fifty thousand times the monthly calculation index established for the relevant financial year by the law on the republican budget), determined by the decision of the regional coordination councils, and according to statements about the planned activities during the exploration of hydrocarbons, with the exception of planned activities during the exploration of hydrocarbons in subsurface areas carried out at sea, interested state bodies and the public have the right to submit their comments and suggestions regarding the application for planned activities within six working days from the date of posting the application for planned activities on the official Internet resource of the authorized body in the field of environmental protection.";
In part three, the words "specified in part two of this paragraph are not accepted by the authorized body in the field of environmental protection for consideration" should be replaced by the words "specified in parts two and three of this paragraph, should be taken into account by the authorized body in the field of environmental protection when considering the draft report on possible impacts and issuing an opinion on the results of the environmental impact assessment. the environment";
in paragraph 10:
add the following part of the second part:
"In the case of the implementation of planned activities for projects implemented under investment contracts, investment agreements, as well as strategically important projects (worth more than fifty thousand times the monthly calculation index established for the relevant financial year by the law on the republican budget), determined by the decision of the regional coordination councils, and according to statements about the planned activities during the exploration of hydrocarbons, with the exception of planned activities during the exploration of hydrocarbons in subsurface areas carried out at sea, The period specified in the first part of this paragraph is two working days from the date of expiry of the deadline for receiving comments and suggestions.";
""In part two, replace the words "parts one" with the words "parts one and two".;
10) in article 69:
subparagraph 1) of the first part of paragraph 2 should be supplemented with the words ", except for activities carried out on the basis of technical design documents during the exploration of hydrocarbons, except for activities during the exploration of hydrocarbons in subsurface areas carried out at sea";
Paragraph 4 should be supplemented with the second part as follows:
"In the case of the implementation of planned activities for projects implemented under investment contracts, investment agreements, as well as strategically important projects (worth more than fifty thousand times the monthly calculation index established for the relevant financial year by the law on the republican budget), determined by the decision of the regional coordination councils, and according to statements about the planned activities during the exploration of hydrocarbons, with the exception of planned activities during the exploration of hydrocarbons in subsurface areas carried out at sea, The period specified in the first part of this paragraph is ten working days from the date of registration of the application for the planned activity with the authorized body in the field of environmental protection.";
11) in paragraph 10 of article 72:
add the following part of the third:
"In the case of the implementation of the planned activities for projects implemented under investment contracts, investment agreements, as well as strategically important projects (worth more than fifty thousand times the monthly calculation index established for the relevant financial year by the law on the republican budget), determined by the decision of the regional coordination councils, the period specified in the second part of this paragraph is six working days from the date of sending the draft report on possible impacts by the authorized body in the field of environmental protection.";
""in part three, the words "established by part two" should be replaced by the words "established by Parts two and three".;
12) in article 73:
Paragraph 1 should be supplemented with the following third part:
"In case of emergency situations of a social, natural and man-made nature, as well as the imposition of a state of emergency and martial law, the protocol is suspended for the duration of the specified events.";
Add "for"placement in the digital system "National Data Bank on the state of the Environment and Natural Resources of the Republic of Kazakhstan" to the first paragraph of subparagraph 2) of paragraph 2 after the word "environment".;
add "days" to the second part of paragraph 3 with the words ", and for the types of activities during the exploration of hydrocarbons, with the exception of planned activities during the exploration of hydrocarbons in subsurface areas carried out at sea, at least fifteen working days";
Paragraph 4 should be supplemented with the following third part:
"In case of a change by the initiator, after coordination with local executive bodies or a representative of the local executive body of the relevant administrative-territorial unit, the place and (or) time of the public hearing, the initiator shall post a notification of such changes no later than five working days before the date of the start of the public hearing in the digital system "National Database on the State of the Environment and Natural Resources of the Republic of Kazakhstan" and on the official Internet resources of local executive bodies of the relevant administrative-territorial divisions.";
Paragraph 8 should be supplemented with the second part as follows:
"Comments and suggestions of a social, domestic, cultural, personal and other nature are subject to consideration, provided that their connection with the impact of the planned or ongoing activities on the environment is justified.";
subparagraph 3) of the first part of paragraph 17 should be supplemented with the words ", except for violation of the deadline for signing the protocol of public hearings established by paragraph 14 of this article, provided that such violation did not affect the completeness and reliability of the information reflected in the protocol";
add ""except for violation of the deadline provided for in paragraph 14 of this Article,""to the third part of paragraph 18 after the words "holding public hearings,";
13) in paragraph 1 of article 76:
Delete the second sentence of the first part;
Add the following parts to the second, third and seventh sections:
"In the case of the implementation of the planned activities for projects implemented under investment contracts, investment agreements, as well as strategically important projects (worth more than fifty thousand times the monthly calculation index established for the relevant financial year by the law on the republican budget), determined by the decision of the regional coordination councils, the period specified in the first part of this paragraph is eight working days. from the date of registration of the application for environmental impact assessment.
Comments on the draft report on possible impacts must be eliminated by the initiator within five working days from the date of sending comments.";
"In the case of the implementation of the planned activities for projects implemented under investment contracts, investment agreements, as well as strategically important projects (worth more than fifty thousand times the monthly calculation index established for the relevant financial year by the law on the republican budget), determined by the decision of the regional coordination councils, the period specified in part four of this paragraph is fifteen working days. from the date of registration of the application for environmental impact assessment.";
14) subparagraph 1) of the first part of Article 87 should be supplemented with the second part as follows:
"In the event of a change in the deadlines for the performance of work specified in previously agreed design documents during the exploration of hydrocarbons, with the exception of design documents during the exploration of hydrocarbons in subsurface areas carried out at sea, provided that the design decisions remain unchanged and the requirements of paragraph 7 of Article 76 of this Code are met, a repeated state environmental assessment is not required;";
15) in article 96:
in paragraph 1:
add the words ", with the exception of technical design documents for activities during the exploration of hydrocarbons, except for activities during the exploration of hydrocarbons in subsurface areas carried out at sea" to the first part;
Add "or "local executive bodies of the capital, regions, cities of republican significance" to the second part after the word "Wednesday".;
add the following part of the third:
"In case of emergency situations of a social, natural and man-made nature, as well as the imposition of a state of emergency and martial law, the protocol is suspended for the duration of the specified events.";
Add the words ", as well as taking into account the provisions of paragraph 8 of Article 73 of this Code" to paragraph 2.;
in paragraph 3:
Add "or "local executive bodies of the capital, regions, cities of republican significance" to the first paragraph after the word "Wednesday".;
subparagraph 3) should be supplemented with the words ", except for violation of the deadline for signing the protocol of public hearings, established by paragraph 14 of Article 73 of this Code, provided that such violation did not affect the completeness and reliability of the information reflected in the protocol";
16) in article 106:
Paragraph 3 should be worded as follows:
"3. An environmental permit is issued for:
1) the operation of each individual facility of categories I and II;
2) construction (carrying out construction and installation works) of objects of I and II categories;
3) works on reclamation and (or) liquidation of objects of I and II categories.";
add paragraph 5-1 as follows:
"5-1. An environmental permit for the construction of new industrial facilities classified in category I is issued taking into account the use of the best available techniques in the operation of such an object.";
17) in paragraph 7 of article 110:
""and (or) provision" should be replaced with the words "or late submission, provision".;
after "" in this declaration," add the words "as well as non-compliance with the declared amount of emissions, discharges of pollutants, waste";
"18)"in paragraph 1 of Article 111, the words "for facilities" should be replaced by the words "during the operation of facilities".;
"19") add the words "during operation" to the first paragraph of subparagraph 2) of paragraph 1 of Article 112 after the word "activity".;
20) in article 113:
""In the first part of paragraph 6, the words "The Government of the Republic of Kazakhstan" should be replaced by the words "The Authorized body in the field of environmental protection".;
in paragraph 11:
Replace ""not lower"" with ""not higher"""not higher"""higher""higher";
Replace "described" in published reference books with "given in conclusions".;
21) in article 114:
in paragraph 1:
in subparagraph 4), the words "construction, reconstruction and (or)" should be deleted;
Replace ""during operation"" in subparagraph 7) with the words "in relation to the stages of construction, operation and postutilization".;
""in subparagraph 9), the words "for construction and" should be replaced by the word "at";
in paragraph 3:
""in subparagraph 1), replace the words "for the construction and (or) operation of facilities" with the words "for the operation of facilities after construction or reconstruction".;
add subparagraph 7) as follows:
"7) the inventory project of stationary sources of emissions.";
in paragraph 4, the words "construction and (or)" should be deleted;
"22") in the first paragraph of the second part of paragraph 2 of Article 115, the words "for construction and (or)" should be replaced by the words "in part";
23) in article 120:
Paragraph 1 should be worded as follows:
"1. The presence of an environmental impact permit is mandatory for:
1) construction of objects of I and II categories;
2) operation of objects of II categories;
3) the operation of Category I facilities in the case provided for in the second part of paragraph 4 of Article 418 of this Code.";
Replace "impact" in the first part of paragraph 3 with the words "impact during operation".;
Add ""during operation"" to paragraph 5 after the word "impact".;
24) in paragraph 2 of article 122:
Replace "and" (or) with "or" in subparagraph 1).;
Replace "operation" in subparagraph 6) with "construction and (or) operation".;
add subparagraph 9) as follows:
"9) the project of inventory of stationary sources of emissions.";
25) in article 123:
Paragraph 2 should be supplemented with the following parts two and three:
"The deadline specified in part one of this paragraph for the authorized body in the field of environmental protection is twenty working days in the case of the implementation of planned activities for projects implemented under investment contracts, investment agreements, as well as strategically important projects (worth more than fifty thousand times the monthly calculation index established for the relevant fiscal year by the law on the republican budget), determined by the decision of the regional coordination councils.
The time period specified in part one of this paragraph for the local executive body is ten working days in the case of technical design documents during the exploration of hydrocarbons, with the exception of activities during the exploration of hydrocarbons in subsurface areas carried out at sea.";
in paragraph 3:
Add the following fourth paragraph to the first part:
"thirteen working days from the date of acceptance of the application for consideration – in the case of the implementation of the planned activities for projects implemented under investment contracts, investment agreements, as well as strategically important projects (worth more than fifty thousand times the monthly calculation index established for the relevant financial year by the law on the republican budget), determined by the decision of the regional coordination councils, five working days from the date of acceptance of the application for consideration – in the case of technical design documents during the exploration of hydrocarbons, with the exception of activities during the exploration of hydrocarbons in subsurface areas carried out at sea.";
add the following fourth paragraph to the second part:
"three working days from the date of sending comments – in the case of the implementation of the planned activities for projects implemented under investment contracts, investment agreements, strategically important projects (worth more than fifty thousand times the monthly calculation index established for the relevant financial year by the law on the republican budget), determined by the decision of the regional coordination councils, as well as technical design documents during the exploration of hydrocarbons, with the exception of activities in the period of exploration of hydrocarbons in subsurface areas carried out at sea.";
add paragraph 5 as follows:
"5. An application for an environmental impact permit in the event that the operator changes the timing of activities during the exploration of hydrocarbons without changing other indicators of the project documentation is considered within no more than three working days from the date of registration of the application, as a result of which an environmental impact permit is issued.";
26) in article 130:
in the first part of paragraph 2:
Replace "disposal" in subparagraph 1) with "waste collection – transportation – sorting – recycling and (or) disposal";
Replace ""secondary resources"" in subparagraph 7) with the words "production and consumption waste".;
""in the third part of paragraph 3, the words "is being developed by the authorized body in the field of environmental protection and approved by the Government of the Republic of Kazakhstan" should be replaced by the words "is being developed and approved by the authorized body in the field of environmental protection";
27) add paragraph 3 to Article 145 as follows:
"3. The elimination of the consequences of the operation of facilities that have a negative impact on the environment may be carried out before the completion of the operation of such facilities in order to reduce the amount of liquidation work (progressive liquidation).";
28) in article 147:
Paragraph 4 should be supplemented with subparagraph 5) as follows:
"5) an escrow account.";
Paragraph 6 should be worded as follows:
"6. Financial security is provided in one of several types of financial security provided for in paragraph 4 of this Article, or in combination thereof, at the choice of the operator of the facility of the first category.";
Replace ""Operator"" In paragraph 7 with the words "Subject to compliance with the requirements of paragraph 6 of this Article.";
After "continuously", add the words ", except for the cases specified in paragraph 8 of Article 150 of this Code," to paragraph 8.;
in paragraph 10:
Subparagraph 1) should be worded as follows:
"1) neutralization, dismantling of equipment and demolition of facilities that potentially have a negative impact on environmental components after completion of operation;";
sub-paragraph 2) should be deleted;
subparagraph 3) should be worded as follows:
"3) waste management;";
Paragraphs 10-1 and 13 should be worded as follows:
"10-1. Operators of Category I facilities draw up plans for the conversion and (or) other operation of capital structures (buildings, structures, complexes) in accordance with the methodology approved by the authorized body in the field of environmental protection.";
"13. With the transfer of ownership or other proprietary right to a Category I facility, the obligation to provide financial security passes to the new operator and the previous operator is released from this obligation and the obligation to eliminate the consequences of the operation of a category I facility from the date of transfer of the relevant right to the facility, except when the contract establishes joint and several liability before the provision of such a new financial security operator in accordance with this article.";
29) add paragraph 10 to article 149 as follows:
"10. The share of financial security in the form of bank deposit collateral should be:
1) after ten years from the date of commissioning of the facility, at least fifty percent of the total amount of financial security;
2) after twenty years from the date of commissioning of the facility, one hundred percent of the total amount of financial security.";
30) paragraph 8 of article 150 shall be worded as follows:
"8. When the property is pledged, the subject of the pledge remains with the pledgor.
In cases of death, damage or loss of the pledged object (or part thereof), or if ownership of it has passed to another person, including in the case of disposal by the pledgor of the pledged object (or part thereof), the pledgor is obliged to restore or replace the pledged object (or its corresponding part) with another one within one hundred and eighty calendar days. equivalent property.";
31) add article 151-1 to section 7 as follows:
"Article 151-1. The use of a deposit account as financial security
1. In order to provide financing for the elimination of the consequences of the operation of facilities that have a negative impact on the environment, operators of Category I facilities have the right to form a deposit account.
2. The deposit account is formed at the expense of annual deductions made by the operator of the first category facility.
Deductions are made to an escrow account in any bank in the territory of the Republic of Kazakhstan.
3. The amount of annual deductions to the deposit account is directly proportional to the total estimated cost of eliminating the consequences of operating a category I facility for the period (number of years) after which the facility is liquidated, and is determined by the operator of the category I facility in accordance with the methodology approved by the authorized body in the field of environmental protection.
4. If the actual costs of eliminating the consequences of the operation of a category I facility exceed the size of the deposit account, the operator of the category I facility is required to provide additional financing to eliminate the consequences of the operation of such facility. If the actual liquidation costs are less than the size of the deposit account, the remaining money is returned to the current account of the operator of the category I facility.
5. The operator of a Category I facility has the right to partially liquidate a category I facility until all activities are terminated in order to reduce the amount of liquidation work (progressive liquidation).
In case of progressive liquidation, financing is carried out at the expense of funds held in the escrow account.
The amount of deductions to the deposit account is reduced by the amount used by the operator to eliminate the consequences of the operation of a category I facility.
6. The transfer of ownership of a Category I facility is an unconditional basis for the renewal (transfer) of the formed deposit account to the new owner.";
32) in article 155:
add paragraph 2-1 as follows:
"2-1. The digital system "National Data Bank on the State of the Environment and Natural Resources of the Republic of Kazakhstan" is maintained by a subordinate organization of the authorized body in the field of environmental protection.";
in paragraph 3:
Replace "should" with "contains and should provide" in the first paragraph.;
add subparagraph 4-1) to read as follows:
"4-1) the State register of carbon units;";
Add sub-paragraphs 11), 12) and 13) as follows:
"11) accounting and reporting on industrial environmental control;
12) an automated system for monitoring emissions into the environment;
13) public hearings.";
"33") in subparagraph 1) of paragraph 3 of Article 159, the words "paragraph 6 of Article 166" should be replaced by the words "paragraph 4 of article 166-1".;
34) Article 166 should be worded as follows:
"Article 166. Activities of the National Hydrometeorological Service in the field of meteorological, hydrological and environmental monitoring
1. The National Hydrometeorological Service provides monitoring of the state of the environment, meteorological and hydrological monitoring using the state observation network, provides services of national and international importance, special purpose, provides specialized information, scientific and (or) scientific and technical work in the field of meteorological and hydrological monitoring, monitoring of the environment.
Services of national and international importance are services in the field of meteorological and hydrological monitoring, environmental monitoring, which are important for the safety of the population and the state, the sustainable functioning of the economy and the social sphere, provided using the state monitoring network.
Special purpose services – services in the field of meteorological and hydrological monitoring, environmental monitoring, not related to services of national and international importance and provided using data from the state monitoring network or types of monitoring, including on orders from individuals and legal entities.
Specialized information is targeted information that is not related to services of national or international importance, obtained as a result of the provision of special–purpose services or as a result of processing, calculating and analyzing data from the state monitoring network.
Scientific and (or) scientific and technical work in the field of meteorological and hydrological monitoring, environmental monitoring – scientific research aimed at obtaining and applying new knowledge and solving problems in the field of hydrology, meteorology and ecology, including the development of regulatory and technical documentation necessary for conducting these studies, including carrying out design work on hydrological, meteorological calculations, carrying out work on the design of environmental impact assessment carried out in as a subject of scientific and (or) scientific and technical activity.
Scientific and (or) scientific and technical work in the field of meteorological and hydrological monitoring, environmental monitoring – services in the field of meteorological and hydrological monitoring, environmental monitoring, not related to services of national and international importance, performed as a subject of scientific and (or) scientific and technical activities.
2. The list of activities technologically related to meteorological and hydrological monitoring and environmental monitoring is approved by the authorized body in the field of environmental protection in coordination with the antimonopoly authority.
3. The National Hydrometeorological Service carries out its activities in accordance with the requirements of the instructional and methodological documents for conducting meteorological, hydrological, and environmental monitoring using the state observation network, approved by the National Hydrometeorological Service in coordination with the authorized body in the field of environmental protection.
4. The authorized body in the field of environmental protection organizes activities related to meteorological and hydrological monitoring, monitoring of the state of the environment in terms of the provision of services of national and international importance and approves the requirements for the organization of the activities of the state monitoring network.
Prices for goods (works, services) produced and (or) sold by a state monopoly entity in the field of meteorological and hydrological monitoring and environmental monitoring are established by the authorized body in the field of environmental protection in coordination with the antimonopoly authority.
5. The National Hydrometeorological Service represents the Republic of Kazakhstan on issues of hydrological, meteorological and environmental monitoring activities in cooperation with international organizations, foreign organizations and hydrometeorological services of other states, unless otherwise established by the laws of the Republic of Kazakhstan.
6. The National Hydrometeorological Service is a part of the state civil protection system and carries out its activities in case of emergency situations in accordance with the legislation of the Republic of Kazakhstan on civil protection.";
35) add article 166-1 as follows:
"Article 166-1. State monopoly in the field of meteorological, hydrological and environmental monitoring
1. The state monopoly includes activities related to meteorological and hydrological monitoring and environmental monitoring in terms of the provision of services of national and international importance using the state monitoring network, which is carried out by the National Hydrometeorological Service, a legal entity established by decision of the Government of the Republic of Kazakhstan in the organizational and legal form of a republican state enterprise on the right of economic management.
2. Services of national and international importance in the field of meteorological monitoring are:
1) surface meteorological, actinometric, agrometeorological, aerological, radar, ozonometric observations, collection, processing, storage, analysis of received meteorological data and preparation of storm meteorological information, meteorological and agrometeorological forecasts, general-purpose meteorological information, including reference books, bulletins, consulting certificates, regime information and other meteorological information, as well as providing such information to government agencies in accordance with the established procedure., other organizations and individuals;
2) maintaining the state climatic cadastre and the State hydrometeorological fund;
3) provision of meteorological information for international exchange;
4) climate monitoring, including climate change.
The State Climatic Cadastre is a systematic set of data based on meteorological information on a set of atmospheric conditions, including air temperature, clouds, atmospheric phenomena, wind direction and speed, precipitation and other characteristics of the atmosphere and the underlying surface characteristic of certain territories, and formed on the basis of a climatic database of meteorological data for a multi–year period.
The rules for maintaining the state climate cadastre, as well as the composition of the data of the state climate cadastre and the procedure for providing its data to state bodies, other organizations and individuals are approved by the authorized body in the field of environmental protection.
The State Hydrometeorological Fund is a set of documented hydrological and meteorological information to be stored in accordance with the legislation of the Republic of Kazakhstan for its use.
The rules for maintaining the state hydrometeorological fund are approved by the authorized body in the field of environmental protection.
3. Services of national and international importance in the field of hydrological monitoring are:
1) observations on rivers, lakes (seas), reservoirs, channels and other surface water bodies, collection, processing, analysis of obtained hydrological data and preparation of hydrological short– and long-term forecasts, including those with an advance time of up to five to seven days and the possibility of clarification every three days in the spring, and the issuance of storm warnings about the possibility and fact of occurrence of dangerous and natural hydrological phenomena;
2) preparation of general-purpose hydrological information, including reference books, newsletters, and consulting certificates, as well as provision of such information to government agencies, other organizations, and individuals in accordance with the established procedure;
3) preparation of data for the state water cadastre under the section "Surface waters" based on the results of hydrological monitoring;
4) provision of hydrological information for international exchange in accordance with the established procedure.
4. Services of national and international importance in the field of environmental monitoring are:
1) monitoring, collection, processing, analysis of data on the state of pollution of environmental protection facilities provided for in subparagraphs 2) -8) of this paragraph, preparation of general–purpose information on the state of environmental pollution, including bulletins and background information, as well as provision of such information to government agencies, other organizations and individuals;
2) monitoring of atmospheric air pollution – a system for monitoring the state of atmospheric air in residential areas;
3) monitoring of precipitation pollution – a system for monitoring the chemical composition of precipitation and snow cover in residential areas;
4) water pollution monitoring – a system for monitoring surface water pollution in coastal areas;
5) soil pollution monitoring – a system for monitoring concentrations of pollutants in the soils of residential areas;
6) radiation monitoring – a system for monitoring man-made and natural radioactive contamination in residential areas;
7) monitoring of transboundary pollution is a system of observations carried out within the framework of international cooperation with bordering states for pollution of transboundary surface waters and coastal soils of transboundary rivers;
8) background monitoring – a system for monitoring the state of the atmosphere and other environment in their interaction with the biosphere using a specialized network of integrated background environmental monitoring stations;
9) providing information on the state of the environment for international exchange in accordance with the established procedure.";
36) in article 167:
Paragraph 1 should be supplemented with part four as follows:
"The requirements for the organization of security zones are determined in accordance with the rules for the establishment of security zones of stationary observation points and monitoring points for atmospheric pollution of the state monitoring network, approved by the authorized body in the field of environmental protection.";
add the words ", land users or owners of land plots" to the first part of paragraph 6;
37) in paragraph 1 of article 169:
Replace "Order" with "List and order";
Replace "determined" with "determined";
add the following part of the second part:
"The requirements for the composition, content and publication of meteorological, hydrological and environmental information are established by the authorized body in the field of environmental protection.";
38) in article 173:
""in paragraph 1, the words "individuals and legal entities" should be replaced by the words "operators of facilities of I, II, III and IV categories";
in paragraph 2:
Sub-paragraphs 2) and 3) should be worded as follows:
"2) compliance with the qualification requirements and rules for the implementation of licensed activities in the field of environmental protection, as well as activities for which a notification procedure has been established;
3) compliance with environmental requirements stipulated by other regulatory legal acts of the Republic of Kazakhstan;";
Sub-paragraphs 4), 5), 6) and 7) should be deleted.;
add paragraph 3 as follows:
"3. In respect of operators of facilities of categories I and II, State environmental control is carried out in accordance with this Code.
In relation to operators of facilities of categories III and IV, state environmental control is carried out in the form of preventive control with a visit to the subject (object) of control and an unscheduled inspection in accordance with the Business Code of the Republic of Kazakhstan.";
39) Article 174 should be worded as follows:
"Article 174. Forms of state environmental control in relation to operators of facilities of I and II categories
1. State environmental control in relation to operators of facilities of I and II categories is carried out in the following forms::
1) remote control of the subject (object) of control;
2) checks;
3) control by automated systems for monitoring emissions into the environment.
2. The procedure for conducting state environmental control in relation to operators of facilities of categories I and II and (or) making decisions on administrative matters that record the progress and results of administrative procedures in the field of state environmental control shall be governed by the provisions of this Code. In case of identification of gaps or contradictions of the norms of the legislation of the Republic of Kazakhstan in the field of state environmental control contained in the normative legal acts of the Republic of Kazakhstan, the provisions of this Code shall apply to the provisions of this Code.
3. Remote control of the subject (object) is carried out without visiting the site by studying satellite data, photo and video materials, monitoring results of online platforms, media publications, analysis of reports submitted by the subject of control, information from authorized state bodies, as well as information obtained from state digital systems, other documents and information about the subject's activities. (object of) control.
The objectives of remote control of the subject (object) of control are the timely suppression and prevention of violations of the environmental legislation of the Republic of Kazakhstan, granting the subjects of control the right to independently eliminate violations identified by the authorized body in the field of environmental protection based on the results of remote control of the subject (object) of control.
4. The checks are divided into the following types::
1) comprehensive inspections conducted by the control body for compliance by individuals and legal entities with the requirements of the environmental legislation of the Republic of Kazakhstan;
2) unscheduled inspections appointed by the control body based on specific facts and circumstances that served as the basis for the appointment of an unscheduled inspection in relation to a specific subject (object) of control.
The objectives of inspections are to identify and/or eliminate threats to the environment, legitimate interests of individuals and legal entities, and the state.
5. Control by automated environmental monitoring systems is carried out on the basis of continuous recording and transmission in real time of data on the amount, concentration and time of emissions into the digital system "National Data Bank on the State of the Environment and Natural Resources of the Republic of Kazakhstan", obtained by automated emission monitoring systems in accordance with the rules of automated environmental emission monitoring systems, developed and approved by the authorized body in the field of environmental protection.";
40) add articles 174-1 and 174-2 as follows:
"Article 174-1. The procedure for remote control of the subject (object) of control in relation to operators of objects of I and II categories
1. Remote control of the subject (object) of control is carried out in accordance with this Code, subject to the following conditions simultaneously::
1) the control bodies are prohibited from visiting the subjects (objects) of control;
2) registration with a state body that carries out activities in the field of state legal statistics and special accounting within its competence and prior notification of the subject of control are not required.;
3) based on the results of remote monitoring of the subject (object) of control, in case of detection of minor and significant violations of the environmental legislation of the Republic of Kazakhstan, an order is drawn up to eliminate the identified violations, indicating the time frame for eliminating the identified violations.;
4) based on the results of remote control of the subject (object) of control, in case of gross violations of the environmental legislation of the Republic of Kazakhstan, an act on the results of remote control is drawn up and, within five working days after its delivery to the subject (object) of control, an unscheduled inspection of the subject (object) of control is appointed, the basis for which is the act on the results of remote control of the subject (object) of control.object) of control;
5) in case of detection of violations of the environmental legislation of the Republic of Kazakhstan based on the results of remote control of the subject (object) of control, cases of administrative offenses are not initiated.
2. An act on the results of remote control of the subject (object) of control or an order to eliminate the detected violations is sent to the subject of control within ten working days from the date of detection of the violation (violations) through the digital system "National Data Bank on the State of the Environment and Natural Resources of the Republic of Kazakhstan".
3. An act on the results of remote control of the subject (object) of control or an order to eliminate identified violations, directed by one of the following methods, is also considered to have been handed over to the subject of control in the following cases:
1) on purpose – from the date of the receipt mark;
2) by mail or courier mail – from the date of the delivery notification;
3) electronically – from the date of sending to the e-mail address of the control entity specified in the letter at the request of the control body, as well as on Internet resources.
4. In case of disagreement with the violations specified in the act on the results of remote control of the subject (object) of control and (or) an order to eliminate the identified violations, the subject of control has the right to submit to the control body an objection to the act on the results of remote control of the subject (object) of control and (or) an order to eliminate the identified violations within ten working days. days from the day following the day of receipt of such act and/or instruction.
In the objection, the subject of control is obliged to state the comments and (or) arguments that are sent to the control body.
The control body that conducted the remote control, within ten working days from the date of receipt of the objection, taking into account the comments and (or) arguments, decides whether to accept the objection or to refuse to accept the objection with a reasoned justification.
The decision of the control body that conducted the remote control to refuse to accept the objection is the basis for appealing the results of the remote control to a higher authorized body, an official.
2. Comprehensive inspections are carried out using risk assessment criteria.
The criteria for risk assessment and risk management in the field of environmental protection for the selection of the subject (object) of control are developed and approved by the authorized body in the field of environmental protection.
3. The frequency of complex inspections is determined by the criteria for assessing the degree of risk, but not more often.:
1) once a year for the areas of activity of the subject (object) of control classified as high-risk;
2) once every two years for the areas of activity of the subject (object) of control classified as medium risk;
3) once every three years for the areas of activity of the subject (object) of control classified as low risk.
4. The basis for the appointment of a comprehensive audit is a schedule generated in the digital system "National Database of Environmental Data and Natural Resources of the Republic of Kazakhstan" automatically on an annual basis in relation to the subject (object) of control with mandatory indication of the subject (object) of control, in respect of which a comprehensive audit is appointed.
The schedule of comprehensive inspections until December 25 of the year preceding the year of inspections is published in the digital system "National Data Bank on the State of the Environment and Natural Resources of the Republic of Kazakhstan".
In the absence of a digital risk assessment and management system, the schedule is approved by the first head of the authorized body in the field of environmental protection.
It is prohibited to create schedules for conducting comprehensive inspections for the same period.
5. The control body is obliged to notify in writing the subject of control (the head of a legal entity or his authorized person, an individual) of the start of a comprehensive audit at least thirty calendar days before the start of the audit.
In the event that the control entity has received notification of the start of a comprehensive audit, but at the time of the audit it has passed state re-registration in accordance with paragraph 6 of Article 42 of the Civil Code of the Republic of Kazakhstan, a second notification of the start of the audit is not required.
6. The due diligence period is determined from the date of completion of the previous due diligence and ends with the due diligence period.
The due diligence period should not exceed three calendar years.
7. The grounds for the appointment of an unscheduled inspection of the subject (object) of control are:
1) control over the execution of orders to eliminate identified violations, if the subject of control has not eliminated the identified violations;
2) a situation that has developed as a result of an accident, fire, harmful effects of hazardous industrial factors, a dangerous natural phenomenon, disaster, natural or other disaster, adverse meteorological conditions, which may or may not result in human casualties, harm to human health and (or) the environment, violation of human living conditions;
3) identification of gross violations of the environmental legislation of the Republic of Kazakhstan based on the results of remote monitoring;
4) appeals of individuals and legal entities for violations of the requirements of the environmental legislation of the Republic of Kazakhstan, if there is supporting evidence.;
5) the prosecutor's demand on specific facts of causing or threatening harm to human health, the environment, the rights and legitimate interests of individuals and legal entities, the state;
6) appeals from state bodies on specific facts of harm to human health, the environment, the rights and legitimate interests of individuals and legal entities, the state;
7) repeated inspection related to the request of the control entity for disagreement with the initial inspection;
8) the instruction of the body of criminal prosecution on the grounds provided for by the Criminal Procedure Code of the Republic of Kazakhstan.
8. The period of an unscheduled inspection is determined from the date of receipt of the grounds for the appointment of an unscheduled inspection or the date of the occurrence of an emergency situation and ends with the date of the unscheduled inspection, except in cases where a different period is specified in the grounds for the appointment of an unscheduled inspection.
9. Unscheduled inspections are not carried out in cases of anonymous requests.
10. When conducting an unscheduled inspection, notification of the control entity about the start of an unscheduled inspection of the control entity (object) is not required.
11. Inspections are carried out on the basis of the inspection appointment act, which specifies:
1) the number and date of the act;
2) the name of the state body;
3) last name, first name, patronymic (if it is indicated in the identity document) and the position of the person(s) authorized to conduct the audit;
4) information about the specialists, consultants and experts involved in the audit;
5) the name of the subject of control or the surname, first name, patronymic (if it is indicated in the identity document) of the individual in respect of whom the inspection is scheduled, his location, identification number, list of objects of control, area of the territory;
6) the subject of verification;
7) the deadline for the audit;
8) the grounds for conducting an audit, including the regulatory legal acts of the Republic of Kazakhstan, the mandatory requirements of which are subject to verification;
9) the verification period;
10) the rights and obligations of the subject of control provided for by this Code;
11) signature of the head of the control body (or the person performing his duties);
12) the signature of the head of the legal entity or his authorized person, an individual on receipt or refusal to receive an act on the appointment of an audit.
12. An act on the appointment of an audit and an additional act on the extension of the audit period must be registered with the state body that carries out activities in the field of state legal statistics and special accounting within its competence.
An act on the appointment of an inspection and an additional act on the extension of the inspection period are registered in respect of the subject (object) of control with mandatory indication of the subject (object) of control.
Registration of the act on the appointment of an audit, an additional act on the extension of the audit period is of an accounting nature and is used to form and improve departmental risk assessment and management systems.
The act on the appointment of an audit, an additional act on the extension of the audit period by the control body, shall be registered before the start of the audit with the state body carrying out activities in the field of state legal statistics and special accounting within its competence, by submitting them, including in electronic form, to the territorial body of the authorized body in the field of legal statistics and special accounting for the location of the subject (object) of control.
When registering an act on the appointment of an inspection by the control body, checklists are presented indicating the points of the requirements to be checked.
The procedure for registration of acts on the appointment of an inspection, additional acts on the extension of the inspection period, refusal to register and cancellation, notifications of suspension, resumption of the inspection, extension of the inspection period, changes in the composition of participants and the submission of information accounting documents on the inspection and their results is determined by the Prosecutor General's Office of the Republic of Kazakhstan.
In the event that the need for verification is caused by a situation resulting from an accident, fire, harmful effects of hazardous industrial factors, a dangerous natural phenomenon, disaster, natural disaster or other disaster, adverse meteorological conditions that may or may not result in human casualties, harm to human health or the environment, violation of human living conditions, and also, when conducting an inspection after hours (at night, weekends or holidays) due to the need to prevent violations immediately at the time of their commission and to take urgent actions to consolidate evidence, registration of acts on the appointment of an audit is carried out with the state body carrying out activities in the field of state legal statistics and special accounting within the next working day after the start of the audit.
13. Officials carrying out state environmental control who have arrived at the facility for inspection are required to present to the subject of control:
1) an act on the appointment of an audit with a note on registration with a state body that carries out activities in the field of state legal statistics and special accounting within its competence;
2) official identification card or identification card;
3) if necessary, a permit from the competent authority to visit sensitive facilities.
The date of delivery to the subject of control (the head of a legal entity or his authorized person, a structural subdivision of a legal entity authorized to receive correspondence to an individual) of the act on the appointment of an inspection with a checklist indicating the items of requirements to be checked is considered the beginning of the inspection.
In case of obstruction of the access of the official conducting the inspection to the materials necessary for conducting the inspection, a protocol on an administrative offense is drawn up in accordance with the Code of the Republic of Kazakhstan on Administrative Offenses.
The protocol is signed by an official exercising state environmental control and the head of a legal entity or its authorized person, an individual.
The head of a legal entity or his authorized person, an individual, has the right to refuse to sign the protocol by giving a written explanation of the reason for the refusal.
Refusal to receive an inspection appointment certificate is not a reason for canceling the inspection.
An inspection may be conducted only by the official(s) indicated (who are indicated) in the act on the appointment of the inspection.
At the same time, the composition of officials carrying out state environmental control may be changed by decision of the control body, about which the subject of control and the state body carrying out activities in the field of state legal statistics and special accounting within its competence are notified before the start of participation in the inspection of persons not specified in the act on the appointment of the inspection, indicating the reason substitutions.
If it is necessary to conduct simultaneous inspections of several subjects (objects) of control on the same range of issues, the control body is obliged to issue an act on the appointment of an inspection for each subject (object) of control and register it with a state body that carries out activities in the field of state legal statistics and special accounting within its competence.
14. The deadline for the audit is set taking into account the scope of the work to be done, as well as the tasks set, and should not exceed:
1) comprehensive inspections – fifteen working days and with an extension of no more than fifteen working days;
2) unscheduled inspections – ten working days and with an extension of no more than ten working days.
15. The term of the audit may be extended only once within the time limits specified in paragraph 14 of this article by the head of the control body (or a person acting as such).
16. In the event of an extension of the audit period, the control body draws up an additional act on the extension of the audit period with registration with the state body carrying out activities in the field of state legal statistics and special accounting within its competence, which indicates the number and date of registration of the previous act on the appointment of the audit and the reason for the audit.
In the event of an extension of the audit period, the control body must notify the subject of control (the head of the legal entity or his authorized person, an individual) before the audit is completed.
The notification of the extension of the inspection period is sent by the control body one business day before the extension of the inspection in the form of a registered mail with a delivery notification or by means of an electronic document signed with an electronic digital signature to the e-mail address of the subject of control, if such an address was previously submitted by this subject to the control body, or in any other accessible way.
The additional act on the extension of the verification period must contain information about the receipt or refusal to receive it by the head of the legal entity or his authorized person, an individual.
17. The sampling of products, environmental inspection samples and production facilities during the inspection is carried out in compliance with the following requirements:
1) the number of product samples taken, environmental and industrial inspection samples is determined in accordance with the requirements of regulatory legal acts and regulatory documents of the Republic of Kazakhstan for products and product testing methods.;
2) sampling of products, environmental inspection samples and production facilities is carried out by an official carrying out state environmental control in the presence of the head or representative of the control entity and an authorized person of the control entity and is certified by an act of sampling.
Selected product samples, environmental and industrial inspection samples must be completed, packaged and sealed;
3) the act of sampling products, samples of examination of environmental objects and objects of the production environment is drawn up in three copies. All copies of the act are signed by the official exercising state environmental control, who has selected product samples, environmental and industrial inspection samples, the head or representative of the control entity and (or) an authorized person of the control entity.
One copy of the act of product sampling, environmental and industrial inspection, together with the direction and product samples, environmental and industrial inspection samples, selected properly, is sent to an organization authorized by the legislation of the Republic of Kazakhstan for examination (analysis, testing).
The second copy of the act of sampling products, environmental inspection samples and production facilities remains with the subject of control.
The third copy of the act of sampling products, environmental inspection samples and production facilities is stored in the control body.
The act of sampling specifies:
place and date of compilation;
The number and date of the decision of the head of the control body, on the basis of which product samples, environmental and industrial inspection samples are taken.;
positions, surnames, first names and patronymics (if they are indicated in identity documents) of officials carrying out state environmental control, sampling products, sampling surveys of environmental facilities and industrial facilities;
the name and location of the subject (object) of control from which samples of products, samples of environmental objects and objects of the production environment are taken;
the position, surname, first name and patronymic (if it is indicated in the identity document) of the head or representative of the control entity and (or) the authorized person of the control entity;
the list and number of selected product samples, environmental and industrial inspection samples, indicating the manufacturer, date of manufacture, batch number, and total cost of the samples;
type of packaging and seal number.
18. When conducting an inspection, officials carrying out state environmental control are not entitled to:
1) to verify the fulfillment of requirements not specified in the checklists, as well as if such requirements do not fall within the competence of the state body on whose behalf these officials act;
2) require the provision of documents, information, product samples, environmental and industrial inspection samples, if they are not subject to inspection or do not relate to the subject of inspection;
3) to take samples of products, environmental and industrial inspection samples for their research, testing, and measurements without issuing an act on the selection of said samples in accordance with the prescribed form and (or) in quantities exceeding the norms established by national standards, rules for sampling, sampling, and methods of their research and testing, measurements, technical regulations or other normative technical documents, rules and methods of research, testing, measurements in force before the date of their entry into force;
4) disclose and (or) disseminate information obtained as a result of the audit and constituting a commercial, tax or other legally protected secret, except in cases provided for by the laws of the Republic of Kazakhstan;
5) exceed the established time limits for verification;
6) carry out a comprehensive audit of the subject (object) of control, in respect of which inspections were previously carried out by its higher (lower) body or another state body on the same issue for the same period.;
7) to carry out activities that are costly at the expense of the subjects of control.
19. The procedure for processing the verification results:
1) based on the results of the inspection, an act on the results of the inspection is drawn up by an official exercising state environmental control.;
2) the inspection results report shall specify:
date, time and place of drawing up the act;
name of the State body;
date and number of the act on the appointment of an inspection (additional act on the extension of the inspection period, if any), on the basis of which the inspections were carried out;
last name, first name and patronymic (if it is indicated in the identity document) and the position of the person(s) who conducted the inspection;
the name or surname, first name and patronymic (if it is indicated in the identity document) of the control entity, the position of the representative of the individual or legal entity who was present during the inspection;
date, place, and period of verification;
information about the results of the audit, including the identified violations and their nature;
the name of the checklist and the points of the requirements for which violations have been identified;
information on familiarization or refusal to familiarize with the act on the results of the inspection of representatives of the control entity, as well as persons present during the inspection, their signatures or refusal to sign;
signature of the official(s) who conducted the inspection;
3) the following documents are attached to the act on the results of the audit::
the instruction on elimination of the revealed violations in case of detection of violations;
acts of product sampling, inspection of environmental and industrial facilities, protocols (conclusions) of conducted studies (tests) and other documents or copies thereof related to the results of the inspection (if any);
4) for each act on the results of the audit, during which violations of the points of the requirements of the checklists were revealed, only one order may be issued to eliminate the identified violations.;
5) the forms of an act on the appointment of an inspection, an act on the results of an inspection, and instructions on the elimination of detected violations are approved by the Prosecutor General's Office of the Republic of Kazakhstan.;
6) the regulation on the elimination of identified violations shall specify:
date, time and place of the prescription;
name of the control body;
last name, first name, patronymic (if it is indicated in the identity document) and the position of the person(s) who conducted the inspection;
the name or surname, first name, patronymic (if it is indicated in the identity document) of the control entity, the position of the representative of the individual or legal entity who was present during the inspection;
date, place, and period of verification;
a list of identified violations in accordance with the paragraphs of the requirements of the checklist with mandatory indication of the severity of the violation in accordance with the subjective criteria for assessing the degree of risk;
instructions for the elimination of identified violations, indicating the time frame for their elimination;
information on familiarization or refusal to familiarize with the instruction of a representative of the control entity (head of a legal entity or its authorized person, an individual), as well as persons present at the inspection, their signatures or refusal to sign;
signature of the official(s) who conducted the inspection.
20. The time limits for the execution of the order to eliminate the identified violations are at least ten calendar days from the date of delivery of the order to eliminate the identified violations.
When determining the time limits for the execution of an order to eliminate identified violations, the following factors are taken into account::
1) the subject of control has organizational, technical and financial capabilities to eliminate violations;
2) features of the technical condition of the production facilities used;
3) the time limits for obtaining the appropriate permission from state bodies and local executive bodies or submitting a notification provided for in appendices 1, 2 and 3 to the Law of the Republic of Kazakhstan "On Permits and Notifications", as well as other mandatory opinions, approvals and other documents established by the laws of the Republic of Kazakhstan.
If additional time is needed to eliminate the identified violations, the subject of control has the right to apply to the control body that conducted the inspection with an application for an extension of the time limit for eliminating the identified violations no later than three working days from the date of delivery of the inspection results report and the instruction on the elimination of the identified violations.
In the application, the control entity is obliged to set out the measures that will be taken to eliminate the identified violations, and the objective reasons for extending the time frame for their elimination.
The control body that conducted the audit, within three working days from the date of receipt of the application, taking into account the arguments set out in the application for extending the time limits for eliminating the identified violations, decides to extend the time limits for eliminating the identified violations or to refuse to extend them with a reasoned justification.
21. During the period of elimination of the identified violations specified in the instruction on elimination of the identified violations, the control entity is obliged to provide the control body that conducted the inspection with comprehensive information on the elimination of the identified violations with a detailed description of the procedure and ways to eliminate violations.
The subject of control shall attach (if necessary) materials proving the fact of elimination of the violation to the information provided on the elimination of the identified violations.
In case of non-elimination of the revealed violations specified in the instruction on elimination of the revealed violations, the control body has the right to appoint an unscheduled inspection in accordance with subparagraph 1) paragraph 7 of this article.
22. An act on the results of the inspection and an order to eliminate the identified violations are drawn up in three copies.
By the control body, the first copy of the act on the results of the audit and the instruction on the elimination of identified violations is submitted in electronic form to the state body carrying out activities in the field of state legal statistics and special accounting within its competence, and its territorial bodies, the second copy on paper is signed or electronically handed over to the subject of control (the head of the legal entity or to his authorized person, a structural subdivision of a legal entity, an individual authorized to receive correspondence) for familiarization and taking measures to eliminate the identified violations and other actions, the third remains with the control body.
The act on the results of the audit and the instruction on the elimination of the identified violations, formed in electronic form, at the choice of the subject of control, are transmitted through the web portal of the "digital government" or digital systems of the state body that carries out activities in the field of state legal statistics and special accounting within its competence.
An act on the results of the inspection and an order to eliminate the identified violations, formed in electronic form, are sent to the e-mail address specified by the subject of control.
23. The seizure and seizure of original accounting and other documents is prohibited, unless otherwise provided for in part two of this paragraph.
The seizure and seizure of original documents are carried out in accordance with the norms of the Criminal Procedure Code of the Republic of Kazakhstan, as well as in cases provided for by the Code of the Republic of Kazakhstan on Administrative Offenses.
24. In the absence of violations of the requirements established by the legislation of the Republic of Kazakhstan, when conducting an audit, a corresponding entry is made in the act on the results of the audit.
25. The end of the inspection period is considered to be the day when the inspection results report is handed over to the control entity no later than the deadline for the end of the inspection specified in the inspection appointment act (additional act on extending the inspection period, if any).
26. If, as a result of the audit, the fact of violations by the subject (object) of control of the requirements established by the legislation of the Republic of Kazakhstan is revealed, the official exercising state environmental control, within the limits of the powers provided for by the laws of the Republic of Kazakhstan, is obliged to take measures provided for by the laws of the Republic of Kazakhstan to eliminate the identified violations, prevent them, and prevent possible harm to life and health people and the environment, the rights, freedoms and legitimate interests of individuals and legal entities, the State, as well as measures to bring those who committed violations to justice in accordance with the laws of the Republic of Kazakhstan.
When taking prohibitive and restrictive measures against business entities, the official responsible for state environmental control notifies the prosecutor.
In coordination with the prosecutor, the control body takes prohibitive and restrictive measures against investors included in the register of investors on the following issues::
suspension of the activity of a subject (object or its separate section), action, process;
suspension, revocation (revocation) of the permit and/or attachment to the permit.
The control body may not take the prohibitive and restrictive measures specified in part three of this paragraph without the approval of the prosecutor.
The control body notifies the investor included in the register of investors about the decision taken following the results of coordination with the prosecutor.
The procedure for approval by the prosecutor of prohibitive and restrictive measures against investors included in the register of investors is determined by the Prosecutor General of the Republic of Kazakhstan.
It is not allowed to take measures on violations of the environmental legislation of the Republic of Kazakhstan, identified and eliminated as a result of remote monitoring.
27. Inspections are considered invalid if they are conducted by a control body in gross violation of the requirements for the organization and conduct of inspections.
Gross violations include:
1) lack of grounds for verification;
2) the absence of an act on the appointment of an inspection;
3) lack of notification, as well as non-compliance with the deadlines for notification of the start of a comprehensive audit;
4) violation of the requirements of paragraph 26 of this Article;
5) violation of the frequency of the inspection;
6) failure to submit to the subject of control an act on the appointment of an inspection;
7) appointment by the control bodies of inspections on issues outside their competence;
8) conducting an audit without registering an act on the appointment of an audit with a state body that carries out activities in the field of state legal statistics and special accounting within its competence, when such registration is mandatory;
9) violation of the verification deadline.
28. The results of inspections of the subject (object) of control are recorded in the digital system "National Database of Environmental Data and Natural Resources of the Republic of Kazakhstan".
The rules for accounting for inspections of subjects (objects) of control in the digital system "National Database of Environmental Data and Natural Resources of the Republic of Kazakhstan" are developed and approved by the authorized body in the field of environmental protection.
29. In case of disagreement with the results of the audit, the subject of control has the right to appeal them in accordance with the procedure established by Article 179 of this Code.
30. It is prohibited to carry out other types of inspections not established by this Code.";
41) Article 175 should be worded as follows:
"Article 175. Enforcement of regulations during state environmental control
1. The obligation of the subject of control to comply with the regulation on the elimination of identified violations is ensured by penalties accrued to the state income.
Penalties are accrued for each working day in the amount of ten times the monthly calculation index established for the corresponding financial year by the law on the republican budget for legal entities that are operators of a category I facility.
Penalties are accrued from the expiration of ten calendar days from the date of delivery of the order to eliminate the identified violations.
2. The claim for payment of penalties is sent by officials of the authorized body only in case of delay in the execution of the order to eliminate the identified violations. In case of non-payment by the subject of control of the accrued penalties on a voluntary basis within ten working days from the date of sending the relevant claim, officials shall recover the accrued penalties in court.";
42) in article 178:
in paragraph 1:
""in subparagraph 1), the words "preventive control with a visit to the subject (facility) or inspection" should be replaced by the words "inspection with a visit to the subject (facility)";
Add sub-paragraphs 1-1), 2-1) and 2-2) as follows:
"1-1) request and receive copies of documents (information) on paper or in electronic form, as well as access to automated databases (digital systems) in accordance with the subject of verification;";
"2-1) to carry out audio, photo and video shooting;
2-2) use records of technical controls, monitoring and recording devices, photo and video equipment related to verification;";
Paragraph 4 should be worded as follows:
"4. Officials exercising state environmental control are required to:
1) comply with the legislation of the Republic of Kazakhstan;
2) to carry out an inspection on the basis of and in strict accordance with the procedure established by this Code;
3) not to interfere with the established mode of operation of the subjects (objects) of control during the inspection period;
4) timely and fully comply with the powers granted in accordance with the laws of the Republic of Kazakhstan to prevent, detect and suppress violations of the requirements established by the legislation of the Republic of Kazakhstan;
5) not to prevent the subject of control or his authorized representative from being present during the inspection, to provide explanations on issues related to the subject of the inspection;
6) provide the subject of control with the necessary information related to the subject of the audit;
7) to hand over to the subject of control an act on the results of the inspection, in case of violations, an order to eliminate the identified violations based on the results of the inspections carried out on the day of their completion;
8) ensure the safety of documents and information obtained as a result of the audit.";
add paragraph 5 as follows:
"5. The officials carrying out the inspection are prohibited from making demands that are not related to the subject of the inspection.";
43) add article 178-1 as follows:
"Article 178-1. The rights and obligations of the subject of control or his authorized representative in the implementation of state environmental control
1. The subjects of control or their authorized representatives, when carrying out the audit, have the right:
1) to prevent the inspection of officials carrying out state environmental control, who arrived to inspect the facility, in the following cases::
failure to comply with the frequency of verification;
exceeding or expiring the time limits specified in the act on the appointment of an inspection (additional act on the extension of the inspection period, if any), which do not correspond to the time limits established by this Code;
appointment by the control body of a comprehensive audit of the subject (object) of control, in respect of which a comprehensive audit was previously conducted on the same issue for the same period;
absence of a checklist and (or) an act on the appointment of an inspection (an additional act on the extension of the inspection period in case of an extension of the inspection period);
the appointment of an inspection for a period beyond the time period specified in the application or notification of committed or impending criminal offenses, in other appeals about violations of the rights and legitimate interests of individuals, legal entities and the state.;
instructions for conducting an audit to persons who do not have the appropriate authority;
instructions in one act on the appointment of an inspection of several control entities subject to inspection;
extending the verification period beyond the period established by this Code;
gross violations of the requirements for the organization and conduct of inspections;
2) not to submit documents and information if they do not relate to the subject of the audit, as well as to the period specified in the act on the appointment of the audit;
3) appeal against the act on the appointment of an inspection, the act on the results of the inspection, the order to eliminate the identified violations based on the results of the inspection, as well as the actions (inaction) of officials exercising state environmental control, in accordance with the procedure established by this Code;
4) not to comply with prohibitions of control bodies or officials exercising state environmental control that are not based on the law and restrict the activities of subjects (objects) of control.;
5) record the verification process, as well as individual actions of the official carried out by him within the framework of the audit, using audio, photo and video recordings, without creating obstacles to the activities of the official;
6) involve third parties to participate in the audit in order to represent their interests and rights, as well as the implementation by third parties of the actions provided for in subparagraph 5) of this paragraph.
2. The subjects of control or their authorized representatives, when conducting an inspection by the control bodies, must:
1) to ensure unhindered access of officials carrying out state environmental control to the territory and premises of the subject (object) of control;
2) in compliance with the requirements for the protection of commercial, tax or other legally protected secrets, provide officials carrying out state environmental control with copies of documents (information) on paper or in electronic form for attachment to the act on the results of the audit and the instruction on the elimination of identified violations, as well as provide access to digital systems, technical means monitoring and recording devices, photo and video equipment in accordance with the subject of the inspection;
3) make a note of receipt on the second copy of the act on the appointment of an inspection, an additional act on the extension of the inspection period, an act on the results of the inspection on the day of the end of the inspection, as well as instructions on the elimination of identified violations based on the results of the inspection;
4) to prevent making changes and additions to the documents being checked during the verification period;
5) to ensure the safety of officials carrying out state environmental control from harmful and dangerous industrial factors in accordance with the standards established for this facility.;
6) in case of receiving a notification of the start of a comprehensive inspection, be at the location of the control object within the prescribed time frame for the comprehensive inspection.";
44) Article 179 should be worded as follows:
"Article 179. Pre-trial procedure for appealing decisions, actions (inaction) of control bodies and their officials
1. Before applying to the court, a subject of control has the right to appeal the results of state environmental control to a higher authority (official) who has the right to exercise state environmental control.
2. A complaint against the result of the state environmental control shall be filed on paper or in electronic form no later than one month from the date of receipt of the results of the state environmental control.
3. If, for a valid reason, the deadline set out in paragraph 2 of this article is missed, this deadline may be restored by a higher authority (official) authorized to carry out state environmental control at the request of the control entity filing the complaint.
4. A missed deadline for appeal is not a reason for refusing to accept a complaint by the body (official) reviewing the complaint. The reasons for missing the deadline are clarified when considering the complaint and may be one of the grounds for refusing to satisfy the complaint.
5. The complaint states:
1) the name of the body (official) reviewing the complaint;
2) last name, first name, patronymic (if it is indicated in the identity document), individual identification number, postal address of an individual or the name, postal address, business identification number of a legal entity;
3) the address of the actual residence of the individual and the location of the legal entity;
4) the name of the control body, the official whose actions (inaction) are being challenged;
5) the circumstances on which the subject of control bases his claims and evidence;
6) the date of filing the complaint;
7) signature of the subject of control;
8) the list of documents attached to the complaint;
9) other information.
6. The higher authority (official) considering the complaint leaves the complaint without consideration if:
1) there is a decision of the body considering the complaint based on the results of consideration of the complaint against the subject of control on the same subject and on the same grounds specified in the complaint.;
2) there is a judicial act that has entered into legal force, issued against the same person on the same subject and on the same grounds;
3) the results of the state environmental control are simultaneously appealed to the court and to a higher authority (official);
4) the body (official) considering the complaint has accepted the withdrawal of the complaint from the applicant.
The subject of control is notified within three working days from the date of the decision of the body considering the complaint to leave the complaint without consideration.
The withdrawal of the complaint by the applicant does not prevent the re-filing of the complaint.
7. The filing of a complaint suspends the execution of an order to eliminate the identified violations, drawn up based on the results of state environmental control.
Filing a complaint against the act on the appointment of an inspection and (or) an additional act on the extension of the inspection period does not suspend the inspection. At the same time, the recognition of the act on the appointment of an inspection and (or) an additional act on the extension of the inspection period as illegal entails the cancellation of the inspection results.
8. The higher authority (official) considering the complaint is obliged to take measures for a comprehensive, complete and objective investigation of the factual circumstances relevant for the proper consideration of the complaint.
The subject and limits of the investigation of factual circumstances are determined by the higher authority (official) considering the complaint.
The higher authority (official) considering the complaint, before making a decision on the complaint, hears the official whose administrative act, administrative action (inaction) is being challenged, and the person who filed the complaint.
The hearing may be conducted in any way that allows the parties to state their position.
9. The time limit for consideration of the complaint is twenty working days from the date of receipt of the complaint.
10. Having considered the complaint, the higher authority (official) makes one of the following decisions::
1) about the satisfaction of the complaint;
2) on the satisfaction of the complaint in part;
3) about leaving the complaint without satisfaction.
Upon completion of consideration of the complaint on the merits, a decision is made in writing, which is sent to the subject of control.
The refusal to satisfy the complaint must be motivated.
When considering a complaint about the result of an audit, the legality and validity of the issued act on the results of the audit, the instructions to eliminate the identified violations based on the materials available in the case and additionally submitted, are checked. A higher official has the right to establish new facts and investigate new evidence.
11. In case of disagreement with the decision of the higher authority (official) who reviewed the complaint, the subject of control has the right to appeal the decision to the court.";
"45") in the third part of paragraph 4 of Article 186, the words "monitoring of emissions into the environment" should be replaced by the words "National Data Bank on the State of the Environment and Natural Resources of the Republic of Kazakhstan".;
"46") in subparagraph 11) of paragraph 1 of Article 196, the words "recycling and disposal" should be replaced by the word "restoration".;
47) in article 200:
Replace ""293.15"" with ""273.15"" in paragraph 4.;
""In paragraph 7, the words "territorial environmental standards of atmospheric air quality" should be replaced by the words "environmental quality targets".;
48) in article 202:
The title should be worded as follows:
"Article 202. Permissible emission standards and technological emission standards. The period of excess emissions";
""In the second part of paragraph 5, the digits "293.15" should be replaced by the digits "273.15";
Replace "thirty" with "twenty" in subparagraph 2) of paragraph 6;
add paragraph 6-1 as follows:
"6-1. The period of excess emissions for facilities of categories I and II is determined from the date of submission of the last report on industrial environmental control to the digital system "National Database of Environmental Data and Natural Resources of the Republic of Kazakhstan", with the exception of sources where an automated monitoring system for emissions into the environment is installed.
For category III facilities, the period of excess emissions is determined for the period under review.";
Paragraph 9 should be supplemented with the following third part:
"When using flares, in order to reduce emissions of pollutants into the atmospheric air, one or more of the best available techniques are used, provided for in the relevant conclusion on the best available techniques.";
"49") in paragraph 3 of Article 206, the words "environmental standards of atmospheric air quality" should be replaced by the words "environmental quality targets".;
"50") in paragraph 2 of Article 209, the words "recycling, utilization" should be replaced by the word "recovery".;
51) add sub-paragraphs 5) and 6) to the first part of paragraph 3 of Article 213 as follows:
"5) diversion of marine waters from isolated marine vessel systems;
6) drainage of marine waters with increased mineralization.";
"52") in paragraph 9 of article 214, the words "territorial environmental standards of water quality" should be replaced by the words "environmental quality targets".;
53) in article 216:
add the words "and the period of excess discharges" to the title;
Paragraph 5 should be worded as follows:
"5. The discharge of wastewater into the subsoil is prohibited, except in the following cases::
1) injection of treated wastewater into isolated non-watered underground horizons and underground aquifers, the groundwater of which cannot be used for drinking, balneological, technical, irrigation and animal husbandry needs;
2) the discharge of quarry waters into the depleted spaces of quarries and (or) mines.
Wastewater treatment in the cases specified in subparagraph 1) of part one of this paragraph is carried out in accordance with approved design decisions for petroleum products, suspended solids and hydrogen sulfide.
Wastewater treatment in the cases specified in subparagraph 2) of part one of this paragraph is carried out in accordance with approved design decisions for petroleum products.
The discharge of other pollutants not specified in parts two and three of this paragraph during injection and discharge of wastewater into the subsurface is normalized according to the maximum concentrations of pollutants in accordance with the methodology approved by the authorized body in the field of environmental protection. The maximum concentrations of pollutants are justified when conducting an environmental impact assessment or in the draft standards for permissible discharges of pollutants. The discharge of such substances exceeding the established maximum concentrations of pollutants is not considered excess emission.
It is prohibited to inject wastewater into underground horizons that has not been treated for petroleum products, suspended solids and hydrogen sulfide in accordance with part two of this paragraph.
It is prohibited to divert quarry waters into the depleted spaces of quarries and (or) mines in the presence of pollutants for which standards of permissible discharges have not been established, and in case of non-compliance with the requirements of this paragraph.";
add paragraph 6 as follows:
"6. Discharges are considered excess if the quantity (mass) The amount of pollutants or mixtures of pollutants in wastewater exceeds the established environmental standards in the environmental permit.
The period of excess discharges for facilities of categories I and II is determined from the date of submission of the last report on industrial environmental control to the digital system "National Database of Environmental Data and Natural Resources of the Republic of Kazakhstan", with the exception of sources where an automated monitoring system for emissions into the environment is installed.
For category III facilities, the period of excess discharges is determined for the period under review.";
54) paragraph 10 of article 222 should be worded as follows:
"10. It is prohibited to discharge wastewater without prior treatment, with the exception of discharges:
1) mine and quarry waters of mining and metallurgical enterprises in storage ponds and (or) evaporation ponds;
2) groundwater collected along the way during subsurface use operations (except for hydrocarbons and uranium), not contaminated by such operations, extracted using water-reducing and drainage wells, provided that there is no deterioration in the quality of the water body as a result of such discharge. At the same time, it is prohibited to discharge such waters into water bodies used for drinking water supply.;
3) water used for water cooling, in storage facilities located in a closed (circulating) water supply system.";
"55") in paragraph 5 of Article 229, the words "territorial environmental standards of soil quality" should be replaced by the words "environmental quality targets".;
56) add article 259-1 to Chapter 16 as follows:
"Article 259-1. Operator of the Saiga Derivatives trading System
1. The operator of the saiga derivatives trading system is a joint-stock company, one hundred percent of whose shares are directly or indirectly owned by the state, as determined by the decision of the Government of the Republic of Kazakhstan.
2. The methodology for determining the price and the procedure for the sale of saiga derivatives by the operator of the saiga derivatives trading system is developed and approved by the authorized state body in the field of protection, reproduction and use of wildlife.
3. The money from the sale of saiga derivatives is credited to the bank account of the operator of the saiga derivatives trading system.
4. The operator of the saiga derivatives trading system, in accordance with the procedure and on the terms approved by the authorized state body in the field of protection, reproduction and use of wildlife, directs the money received to his bank account from the sale of saiga derivatives to finance activities in accordance with the legislation of the Republic of Kazakhstan in the field of protection, reproduction and use of wildlife.";
57) in subparagraph 9) of the first part of Article 273:
the words "cooling and fire extinguishing system waters," should be deleted;
The words "ballast water," should be deleted;
"58") paragraph 10 of article 278, after the words "ballast water," should be supplemented with the words "not conforming to the established requirements of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78),";
59) in article 283:
Paragraph 1 should be worded as follows:
"1. The Republic of Kazakhstan aims to reduce the carbon balance of the Republic of Kazakhstan based on the national contributions of the Republic of Kazakhstan to the global response to climate change (hereinafter referred to as the national contribution), approved by the Government of the Republic of Kazakhstan.
The carbon balance of the Republic of Kazakhstan is defined as the volume of actual greenhouse gas emissions minus actual greenhouse gas uptake and the addition of the share of climate change mitigation results under Article 6 of the Paris Agreement, accounted for as national contributions from other countries or used for other international climate change mitigation goals.
The transferable results of climate change mitigation under Article 6 of the Paris Agreement are understood to mean the amount of greenhouse gas emissions reduction or increased absorption that is transferred from one country to another based on the requirements of paragraphs 2 and 4 of Article 6 of the Paris Agreement.
The Republic of Kazakhstan transfers the results of climate change mitigation under Article 6 of the Paris Agreement for consideration as national contributions from other countries in the cases and on the terms provided for by this Code.";
in paragraph 2:
In part one, the word "subsequent" should be deleted.;
exclude part two;
in paragraph 3:
the words "and implements state regulation in the field of greenhouse gas emissions and removals in accordance with this Code" should be deleted;
add the words ", as well as the implementation of projects on the territory of the Republic of Kazakhstan providing for the transfer of climate change mitigation results under Article 6 of the Paris Agreement to other countries";
60) Article 285:
add subparagraph 4) as follows:
"4) administration of projects implemented in the territory of the Republic of Kazakhstan and providing for the transfer of climate change mitigation results under Article 6 of the Paris Agreement.";
add the following part of the second part:
"Administration of climate change mitigation transfer projects – a set of procedures that ensure the coordination, control, monitoring, verification, registration and transfer internationally of climate change mitigation results obtained through the implementation of projects in accordance with paragraphs 2 and 4 of Article 6 of the Paris Agreement, in compliance with the rules, methodologies and requirements established by authorized international bodies, including the supervisory authority operating in within the framework of paragraph 4 of Article 6 of the Paris Agreement, in order to ensure environmental integrity, transparency and prevent double-counting.";
61) paragraph 2 of article 288:
Add sub-paragraphs 3-1) and 3-2) to read as follows:
"3-1) maintaining an international registry under Article 6 of the Paris Agreement;
3-2) on the release into circulation, storage, reservation, retention in a buffer account, transfer of the released into circulation to foreign and international registries, blocking, cancellation and withdrawal from circulation of the results of mitigation of climate change effects under Article 6 of the Paris Agreement;";
add sub-paragraphs 6) and 7) as follows:
"6) providing information, methodological and expert support on the issues of market mechanisms of the Paris Agreement to the authorized body in the field of environmental protection, the technical group on Article 6 of the Paris Agreement, participants of relevant projects;
7) managing the carbon market stabilization reserve.";
62) add article 288-1 as follows:
"Article 288-1. Market mechanisms of the Paris Agreement and the procedure for participation in them
1. The market mechanisms of the Paris Agreement are understood as approaches and mechanisms that allow the implementation of projects aimed at reducing greenhouse gas emissions or increasing their absorption with the transfer of climate change mitigation results internationally in exchange for attracted international investments and projects implemented on the basis of the requirements of paragraphs 2 and 4 of Article 6 of the Paris Agreement.
2. Participation in market mechanisms based on the requirements of paragraph 2 of Article 6 of the Paris Agreement is carried out on a voluntary basis and is regulated by the rules for the implementation of market mechanisms of Article 6 of the Paris Agreement, developed and approved by the authorized body in the field of environmental protection, in relation to:
1) registration of project participants and review by the operator of the carbon unit trading system of the acceptability of proposed actions to mitigate the effects of climate change;
2) development of project documentation by project participants;
3) approval of the project documentation and registration of the proposed project by the authorized body in the field of environmental protection based on the expert opinion of the operator of the carbon units trading system;
4) monitoring, preparation and reporting by project participants on the results of climate change mitigation;
5) the introduction and international transmission of climate change mitigation results;
6) determining the planned volume of climate change mitigation results reserved for internal use;
7) adjustments to the carbon balance of the Republic of Kazakhstan by the authorized body in the field of environmental protection, taking into account the transfer at the international level of the results of mitigation of the effects of climate change.
3. Participation in market mechanisms based on the requirements of paragraph 4 of Article 6 of the Paris Agreement is carried out on a voluntary basis and is governed by the rules for the implementation of market mechanisms of Article 6 of the Paris Agreement, in respect of:
1) coordination with an international body subordinate to the Conference of the Parties acting as the meeting of the Parties to the Paris Agreement and overseeing the implementation of the market mechanism under Article 6.4 of the Paris Agreement, the possibilities of implementing this mechanism in the territory of the Republic of Kazakhstan and registration of participants in relevant projects;
2) registration of project participants and consideration of the acceptability of proposed actions to mitigate the effects of climate change;
3) confirmation of the possibility of using the results of climate change mitigation for the implementation of national contributions from other countries or other goals related to the prevention of climate change.
4. The assessment of the acceptability and approval of activities for implementation as market mechanisms based on the requirements of paragraph 2 of Article 6 of the Paris Agreement is carried out on the basis of criteria and lists of activities specified in the rules for the implementation of market mechanisms of Article 6 of the Paris Agreement.
5. The rules for the implementation of market mechanisms in Article 6 of the Paris Agreement establish the planned amount of climate change mitigation results reserved for offset in the nationally determined contribution to reducing greenhouse gas emissions of the Republic of Kazakhstan.
The rules for implementing the market mechanisms of Article 6 of the Paris Agreement establish the size of the buffer account formed from carbon units intended to compensate for possible losses of climate change mitigation results achieved through projects to absorb greenhouse gases transmitted internationally.
A buffer account is an account formed in the international registry under Article 6 of the Paris Agreement, which contains carbon units designed to compensate for possible losses of climate change mitigation results from greenhouse gas absorption projects.
6. The authorized body in the field of environmental protection, in order to respect environmental integrity and fulfill the national contribution, grants approval for the implementation of projects based on the market mechanisms of the Paris Agreement and sets off for the purposes of fulfilling the national contribution at least thirty percent of the total amount of emission reductions and (or) at least ten percent of the total amount of greenhouse gas absorption generated from the completed project.
7. The accounting unit of internationally transmitted climate change mitigation results is equal to one ton of carbon dioxide equivalent, unless otherwise established by international treaties ratified by the Republic of Kazakhstan.
8. The authorized body in the field of environmental protection ensures the transfer and receipt at the international level of the results of climate change mitigation achieved within the framework of the market mechanisms of the Paris Agreement.";
63) in article 289:
Paragraph 8 should be supplemented with the second part as follows:
"A quota entity has the right to transfer outstanding carbon quota units from one National Carbon Quota Plan to the next one in accordance with the procedure provided for by the rules of state regulation in the field of greenhouse gas emissions and removals.";
add paragraph 12 as follows:
"12. Activities recognized as market mechanisms of the Paris Agreement cannot be carried out on the basis of quota greenhouse gas emissions from a quota facility.";
64) paragraph 11 of article 290:
Add ""National Carbon Quota Plan and carbon Market Stabilization reserve""after the word "reserve".;
add the words "in accordance with the rules of climate finance approved by the authorized body in the field of environmental protection";
65) in article 291:
Paragraph 7 should be worded as follows:
"7. Unused (outstanding) carbon quota units from the reserve of the National Carbon Quota Plan are transferred to the carbon market stabilization reserve in accordance with the procedure for managing the carbon market stabilization reserve approved by the authorized body in the field of environmental protection.";
Add the words ", except for carbon quota units transferred to the subsequent National Carbon Quota Plan or carbon market stabilization reserve" to paragraph 8.;
"66") in the first part of paragraph 8 of Article 295, the word "procedure" should be replaced by the words "the amount reduced by a percentage of the reduction of the free-of-charge carbon quota of the relevant National Carbon Quota Plan, in accordance with the procedure";
67) in article 298:
add paragraphs 1-1 and 1-2 as follows:
"1-1. Carbon offsets aimed at reducing greenhouse gas emissions include any type of activity that does not contradict the requirements of the environmental legislation of the Republic of Kazakhstan, resulting in a reduction in greenhouse gas emissions.
1-2. Carbon offsets aimed at increasing greenhouse gas uptake include carbon offsets implemented on agricultural lands, lands of settlements, lands of the state forest fund and reserve lands and aimed at planting new forest plantations and restoring degraded lands.
Carbon offsets implemented on the lands of the state forest fund are carried out on the basis of an agreement concluded between the investor and the forest owner.";
Paragraph 4 should be worded as follows:
"4. The carbon offset rules, approved by the authorized body in the field of environmental protection, provide for:
the procedure for calculating greenhouse gas emissions and removals;
the procedure for verifying the compliance of current national methods for calculating greenhouse gas emissions and removals with accepted international methods;
the procedure for developing a carbon offset;
the procedure for reviewing, approving, and accounting for carbon offsets;
the procedure for the implementation, monitoring, and reporting of carbon offsets;
the procedure for converting offset units into carbon quota units;
forms of documents submitted by project applicants;
review and approval of projects planned for implementation in the Republic of Kazakhstan within the framework of voluntary carbon markets.";
Add paragraphs 4-1, 4-2, 4-3 and 4-4 as follows:
"4-1. In the case of projects implemented on voluntary carbon markets, a part of the units received as a result of the project is counted in the state inventory of greenhouse gas emissions and removals for the purpose of fulfilling the national contribution.
The share to be offset by the national contribution is determined in accordance with the carbon offset rules.
The voluntary carbon market is understood as a mechanism under which individuals and legal entities purchase and sell carbon units in order to compensate for their greenhouse gas emissions.
Carbon units purchased under the voluntary carbon market cannot be used under the carbon unit trading system.
4-2. Complementarity is a criterion that confirms that the reduction of anthropogenic greenhouse gas emissions achieved within the framework of a project is the result of specific actions carried out within the framework of this project and would not have occurred in the absence of this activity.
4-3. Baseline scenario is a scenario reflecting the level of greenhouse gas emissions and/or the level of greenhouse gas absorption in the absence of a proposed carbon offset, in comparison with which the amount of greenhouse gas emissions reduction or absorption is estimated.
4-4. Double counting is a situation in which a one–time reduction or elimination of greenhouse gas emissions is taken into account more than once to achieve mitigation goals. Double counting may occur as a result of double issuance, double use, and/or double claim.";
68) in article 299:
in paragraph 4:
Add ""and (or) a reserve for carbon market stabilization" to the second part after the word "quotas".;
add the following part of the third:
"The carbon market stabilization reserve is understood as a reserve of carbon quota units intended to regulate the excess or insufficient supply of carbon units in the carbon market, managed by the operator of the carbon units trading system in accordance with the rules for managing the carbon market stabilization reserve, developed and approved by the authorized body in the field of environmental protection.";
add the words "and (or) stock exchanges operating in the territory of the Republic of Kazakhstan" to the third part;
Paragraph 6 should be worded as follows:
"6. Carbon units are traded on the primary and secondary markets in accordance with the legislation of the Republic of Kazakhstan on commodity exchanges and the securities market, as well as the rules for trading carbon units and (or) in accordance with the acts of the "Astana" International Financial Center.";
Delete paragraph 7;
""In paragraph 8, the words "commodity exchange" should be replaced by the words "stock exchanges operating in the territory of the Republic of Kazakhstan".;
""in the second part of paragraph 9, the words "commodity exchange" should be replaced by the words "commodity and (or) stock exchanges operating in the territory of the Republic of Kazakhstan,";
69) in article 304:
Add the words "draft market mechanisms of the Paris Agreement" to paragraph 2;
Add ""for the carbon unit trading system in the Republic of Kazakhstan" to paragraph 3 after the word "verification".;
add paragraph 3-1 as follows:
"3-1. The recognition of validation and verification bodies for the Paris Agreement market mechanisms is carried out in accordance with the terms of agreements on the transfer of climate change mitigation results at the international level and/or through international accreditation based on standards recognized by the bodies of the United Nations Framework Convention on Climate Change and/or the Paris Agreement.";
Paragraph 5 should be supplemented with the words ", the applicant of the project to reduce emissions or increase uptake of greenhouse gases, the applicant of the draft market mechanism of the Paris Agreement";
Paragraph 7 ""carbon offset" should be added after the word "gases".;
70) in article 310:
""In the second part of paragraph 9, the words "State cadastre of ozone-depleting substances" should be replaced by the words "National Data Bank on the state of the Environment and Natural Resources of the Republic of Kazakhstan".;
Add ""National Data Bank on the state of the environment and Natural Resources of the Republic of Kazakhstan" to paragraph 11 after the word "system".;
71) in article 316:
Item 2:
add the words ", as well as in the National Climate Change Adaptation Plan";
add the following part of the second part:
"The national Climate Change Adaptation Plan is developed by the authorized body in the field of environmental protection in coordination with authorized bodies in the priority areas of public administration for climate change adaptation and approved by the Government of the Republic of Kazakhstan.";
Point 3:
after ""adaptation to climate change", add the words "in the plan for adaptation to climate change at the level of the capital, regions, cities of national importance";
add the following part of the second part:
"A climate change adaptation plan at the level of the capital, regions, and cities of national significance is being developed and approved by the local executive bodies of the capital, regions, and cities of national significance.";
72) add article 319-1 as follows:
"Article 319-1. National Waste Management Center
The National Waste Management Center is an organization that provides information and analytical, methodological and organizational support in the field of waste management, with the exception of radioactive waste, and ensures the operation of a digital waste accounting and monitoring system, including data collection and analysis.";
73) delete paragraph 4 of article 321;
74) paragraph 1 of Article 322 should be supplemented with the second part as follows:
"Local executive bodies shall organize the transportation of separately collected waste separately according to the waste fractions specified in paragraph 6 of Article 365 of this Code.";
75) in paragraph 3 of article 323:
""useful components, raw materials and (or) other suitable materials" should be replaced with the words "secondary resources".;
after "manufacturing", add the word "cultivation".;
76) add paragraph 2-1 to article 324 as follows:
"2-1. Business entities engaged in energy waste disposal, when handling waste, ensure compliance with the requirements of this Code.";
77) in article 325:
Point 1:
add the words ", as well as the elimination of natural landfills";
add the following parts of the second and third sections:
"The elimination of natural landfills is understood as the collection, transportation and transfer of waste placed outside specially designated places intended for their accumulation or burial, by specialized organizations for sorting, neutralization, processing, disposal or burial.
The elimination of natural landfills is organized by local executive bodies of the capital, cities of republican significance, districts, cities of regional significance.";
Add the following sentence to paragraph 2:
"For waste management purposes, it is allowed to remove them from waste disposal sites in accordance with design documents that have passed the state environmental assessment.";
"78") in Article 331, the words "on the basis of a license" should be replaced by the words "in accordance with Article 336 or 337 of this Code".;
79) in article 333:
in paragraph 1:
The words "finished products or" should be deleted;
after "" performed", add the words "auxiliary operations and (or)";
add the words "and the procedure determined by the authorized body in the field of environmental protection";
Paragraph 2 should be worded as follows:
"2. The types of waste that lose their waste status and become a secondary resource (material or energy) in accordance with paragraph 1 of this article are determined according to the list approved by the authorized body in the field of environmental protection.";
in paragraph 3:
The first paragraph of the first part should be worded as follows:
"3. The criteria referred to in paragraph 1 of this article must meet the following conditions:";
exclude part two;
80) in article 336:
Replace ""recycling, neutralization, disposal and (or) destruction" in paragraph 1 with the words "collection, transportation, restoration, neutralization and (or) disposal";
Paragraph 3 should be worded as follows:
"3. The production facility (buildings, structures, facilities, premises and/or landfill of hazardous waste) and the production complex (installations, equipment and transport) must be owned by a business entity engaged in hazardous waste management.";
81) in article 337:
Replace "waste", recovery and (or) destruction with ", as well as recovery and (or) disposal" in paragraph 1.;
Replace "waste", recovery and (or) destruction with ", as well as recovery and (or) disposal" in paragraph 3.;
Replace ""restoration and (or) destruction" with the words ", restoration and (or) removal" in paragraph 6.;
82) paragraph 3 of Article 339 should be worded as follows:
"3. In accordance with the "polluter pays" principle, the waste educator, the current and former owners of waste are responsible for ensuring compliance with environmental waste management requirements until such waste is transferred into the possession of a person carrying out waste recovery and/or disposal operations in accordance with Article 336 or 337 of this Code, except as provided by by this Code.
In the case of waste transfer to persons who do not have the combined rights to perform waste collection, transportation, recovery and/or disposal operations, responsibility is assigned to the persons whose activities generate such waste.
Municipal waste producers are responsible for compliance with environmental waste management requirements from the moment waste is generated until it is transferred to persons performing waste collection, sorting, recovery and/or disposal operations.
Persons carrying out waste collection and transportation operations are responsible for ensuring compliance with environmental waste management requirements from the moment they receive waste into their possession until such waste is transferred to a person carrying out waste recovery or disposal operations in accordance with Article 336 or 337 of this Code, except as provided for in this Code.";
83) paragraph 1 of Article 343 should be supplemented with the words ", except in cases of formation of hazardous components of municipal waste by individuals who deposit such waste in a centralized solid waste management system";
84) delete paragraph 5 of article 347;
"85") after the words "their withdrawal," add the words "with the exception of the cases specified in the second part of paragraph 2 of Article 325 of this Code," to Article 348.;
86) paragraph 3 of article 349 should be worded as follows:
"3. Operations for the recovery and (or) disposal of hazardous waste in landfills of classes 2 (non-hazardous waste) and 3 (solid household waste) are prohibited, with the exception of operations for the recovery of hazardous components of municipal waste (electronic and electrical equipment, mercury-containing waste, batteries, accumulators and other hazardous components).";
87) add paragraphs 18 and 19 to article 350 as follows:
"18. Requirements set forth in paragraphs 5, 8, 9, 10, 11, 12 and 16 of this article do not apply to landfills of solid household waste in rural settlements.
19. The requirements of this article do not apply to existing landfills of solid household waste in rural settlements.
Landfills of solid household waste in rural settlements must meet the following requirements:
1) the distance from a rural settlement is at least a thousand meters;
2) compliance with the water protection zones, strips and the regime of their economic use established by the local executive body;
3) location outside specially protected natural areas;
4) no more than one landfill of solid household waste per rural locality, with the possibility of receiving waste from other rural localities;
5) the potential capacity of the landfill for five to ten years.
The procedure for registration and minimum requirements for landfills of solid household waste in rural settlements are approved by the Government of the Republic of Kazakhstan.";
88) ""and disposal" should be replaced with the word ", disposal" in the first part of paragraph 4 of Article 351.;
89) add the words "taking into account the disposal of waste in accordance with paragraph 2 of Article 325 of this Code" to the second part of paragraph 1 of Article 359;
"90") in paragraph 2 of article 360, the words "in accordance with information technology" should be replaced by the words "in accordance with;
91) in article 365:
in paragraph 2:
In subparagraph 2), the word "standard" should be deleted.;
subparagraph 3) should be worded as follows:
"3) development and approval of methodology for the development of municipal waste management programs;";
add subparagraph 4) as follows:
"4) approval of the rules for the elimination of natural landfills.";
in subparagraph 3) of paragraph 3, the words "for the public" should be deleted;
in paragraph 4:
subparagraph 2) add the words "at least once every three years";
Replace "secondary" with "secondary resources" in subparagraph 3).;
sub-paragraph 6) should be deleted;
in subparagraph 7):
the words "for the public" should be deleted;
add the words "at least once every three years";
subparagraph 8) should be supplemented with the words ", in accordance with the methodology specified in subparagraph 7) of this paragraph";
Paragraph 5 should be supplemented with subparagraph 5) as follows:
"5) organization of places for collecting, sorting and dumping municipal waste.";
Paragraph 6 should be worded as follows:
"6. Separate collection of municipal waste is carried out in the following fractions:
1) "dry" (paper, cardboard, metal, plastic and glass);
2) "wet" (food waste, organic matter, etc.);
3) "hazardous components of municipal waste".
Hazardous components of municipal waste (electronic and electrical equipment, mercury-containing waste, medical waste, batteries, accumulators and other hazardous components) must be collected separately and transferred to specialized organizations for restoration.";
92) in article 366:
in the first part of paragraph 1:
Replace "modernization" and "operation" with the words "modernization, operation".;
the words "liquidation of natural landfills" should be deleted;
Replace "developments" with "formations" in subparagraph 4) of paragraph 3;
""in paragraph 7, the words "authorized body in the field of environmental protection" should be replaced by the words "local executive body of the capital, cities of republican significance, districts, cities of regional significance".;
93) in article 367:
The title should be worded as follows:
"Article 367. Centralized solid waste management system";
in paragraph 2:
Replace "Centralized" solid waste collection system with "Centralized" solid waste management system;
Replace "collection" and "transportation of solid household waste" with "management of solid household waste".;
add the following part of the second part:
"The collection sites of hazardous components of municipal waste within the centralized system are determined by local executive authorities in accordance with the rules of municipal waste management.";
in paragraph 3:
""In part one, replace the words "for waste transportation" with the words "for the collection, transportation, sorting and disposal of solid household waste".;
""In parts two and three, the words "for the transportation of solid household waste" should be replaced by the words "for the management of solid household waste".;
""in paragraph 6, the words "processing and (or) disposal of solid household waste" should be replaced by the words "sorting solid household waste".;
Replace "recovery" with "sorting" in paragraph 7.;
add paragraph 7-1 as follows:
"7-1. Business entities engaged in sorting solid household waste send waste for recovery, and the remaining waste to energy waste disposal facilities and/or landfills for solid household waste disposal in accordance with the requirements of this Code.";
""In paragraph 8, replace the words "recovery of solid household waste" with the words "sorting of solid household waste and energy waste disposal";
94) in paragraph 2 of article 382:
Replace "waste" with "waste management" in Part one.;
add the following part of the fourth:
"Facility operators are required to keep regular records (type, quantity, properties) of waste during their operations. The form of regular waste accounting and instructions for completing it are approved by the authorized body in the field of environmental protection in coordination with the authorized body in the field of state statistics.";
95) in article 384:
in subparagraph 3) of paragraph 1:
Replace "waste" in the first paragraph with "waste accumulation and (or) waste disposal".;
In the second paragraph, the words "for storage and disposal of waste" should be deleted.;
The third paragraph should be worded as follows:
"the act on the right of land use;";
add the words "and (or) the design and estimate documentation agreed with the authorized bodies" to the fourth paragraph;
The fifth paragraph should be worded as follows:
"the positive conclusion of the state environmental and sanitary-epidemiological expertise on the project of creating waste accumulation facilities and (or) waste disposal.";
add paragraph 1-1 as follows:
"1-1. Information according to the information of the state cadastre of waste is formed by a subordinate organization of the authorized body in the field of environmental protection on the basis of administrative data in the field of waste management provided by waste management persons in accordance with the procedure defined in paragraph 1 of this article and sent to the authorized body in the field of state statistics in accordance with the legislation of the Republic of Kazakhstan in the field of state statistics. statistics.";
in paragraph 3:
the words "annually as of January 1 to March 1 of the year following the reporting year, on paper and (or) in electronic form by filling it out" should be replaced by the words "each half-year as of the 1st day following the reporting period, by the 1st day of the third month following the reporting period, in electronic form by filling it out";
replace ""State waste cadastre"" with the words "National Data Bank on the state of the environment and Natural Resources of the Republic of Kazakhstan";
in paragraph 4:
the words "on paper and (or)" should be deleted;
replace ""State waste cadastre"" with the words "National Data Bank on the state of the environment and Natural Resources of the Republic of Kazakhstan";
96) in article 386:
Add the words "the form of which is determined by the authorized body in the field of environmental protection" to the third part of paragraph 2.;
Paragraph 4 should be supplemented with the second part as follows:
"The requirements specified in part one of this paragraph provide for percentage values of recycling for each type of waste based on marketing services provided by the operator of extended obligations of producers (importers) in accordance with subparagraph 9) of part one of Article 388 of this Code.";
in the first part of paragraph 6:
subparagraph 1) should be supplemented with the following part two:
"The producers specified in this subparagraph shall submit supporting documents in accordance with the procedure determined by the authorized body in the field of environmental protection;";
Replace "limits" with the word "limits" in subparagraph 2);
Replace "limits" with the word "limits" in subparagraph 3);
97) in article 388:
in the first part of paragraph 1:
in the first paragraph:
""directs the money received" should be replaced with the words "fulfills its obligations by sending the money received";
""in the form of a recycling payment, for" should be replaced with the words "only for";
In subparagraph 1), the words "liquidation of natural landfills" should be deleted.;
parts two and three of subparagraph 5) should be deleted;
delete the second part of subparagraph 6);
subparagraph 7) should be supplemented with the words "in accordance with the procedure determined by the authorized body in the field of environmental protection";
Sub-paragraph 8) should be deleted;
Sub-paragraphs 9) and 10) should be worded as follows:
"9) financing of research, development and marketing services in the field of collection, transportation, preparation for reuse, sorting, processing, recycling, neutralization and (or) disposal of waste in the manner determined by the authorized body in the field of environmental protection;
10) subsidizing part of the interest rate on loans from second-tier banks issued for the implementation of projects to create new and (or) modify (expand, modernize, re-equip, reconstruct) existing facilities for collection, transportation, preparation for reuse, sorting, processing, recycling and (or) disposal of solid household waste and waste formed after the loss of consumer properties of products (goods), which are subject to the extended obligations of manufacturers (importers), and (or) purchase of related technological and (or) engineering equipment, and (or) specialized transport in accordance with the procedure determined by the Government of the Republic of Kazakhstan;";
Sub-paragraph 11) should be deleted;
Sub-paragraphs 12) and 14) should be worded as follows:
"12) financing the activities of an organization that performs the functions of an operator of extended obligations of producers (importers);";
"14) organization of collection, transportation, storage, study of hazardous properties, determination of environmental impact, neutralization, disposal, disposal of ownerless hazardous waste recognized by a court decision as having entered republican ownership in accordance with Article 340 of this Code, including organization of collection, transportation, storage and destruction of persistent organic pollutants in in accordance with the procedure and conditions determined by the authorized body in the field of environmental protection in accordance with paragraph 5 of Article 340 of this Code;";
Add sub-paragraphs 16), 17) and 18) as follows:
"16) purchase of fire and specialized machinery and equipment for logistical support of the activities of the department of the authorized body in the field of forestry, its territorial divisions, state forestry institutions, environmental organizations and republican state enterprises in the field of protection, protection, use of forest resources, forest reproduction and afforestation in the manner determined by the authorized body in the field of environmental protection;
17) financing of projects in the field of waste management in accordance with the procedure and on the terms determined by the Government of the Republic of Kazakhstan;
18) financing the activities of testing laboratories (centers) of the department of the authorized body in the field of environmental protection for logistical support in accordance with the procedure and on the terms determined by the Government of the Republic of Kazakhstan.";
in paragraph 5:
Add ""within the framework of sub-paragraphs 5) and 6) of the first paragraph of paragraph 1 of this Article" after the words "extended obligations of producers (importers)".;
""calculated by the operator of extended obligations of producers (importers)" should be replaced by the words "approved on the basis of the results of marketing services in the field of collection, transportation, preparation for reuse, sorting, processing, recycling, neutralization and (or) disposal of waste";
98) in paragraph 1 of article 389:
sub-paragraph 10) should be deleted;
in subparagraph 13):
Replace "discounts" with "discount certificates";
add the words ", in the manner and under the conditions determined by the authorized body in the field of environmental protection";
Sub-paragraphs 14) and 16) should be deleted;
Add sub-paragraphs 17) and 18) to read as follows:
"17) consideration of documents submitted by manufacturers (importers) who have their own system for collecting, transporting, preparing for reuse, sorting, processing, recycling, neutralization and (or) disposal of waste;
18) making a decision on confirmation or reasoned refusal to fulfill obligations under the extended obligations of producers (importers) who have their own system for collecting, transporting, preparing for reuse, sorting, processing, recycling, neutralization and (or) disposal of waste.";
"99") in paragraph 2 of Article 392, the words "to the authorized body in the field of environmental protection" should be replaced by the words "to the operator of extended obligations of producers (importers)".;
100) in article 418:
""In the first part of paragraph 1, the digits "2024" should be replaced by the digits "2030";
Add ""for the operation of category I facilities"" to the first part of paragraph 4 after the word "permits".;
""in the first part of paragraph 6, the words "for all areas of application of the best available techniques before July 1, 2023" should be replaced by the words "in accordance with the list and schedule for the development of draft manuals on the best available techniques approved by the authorized body in the field of environmental protection".;
Add paragraphs 21, 22, 23 and 24 as follows:
"21. The deadlines established by this Code for issuing opinions and permits in the case of the implementation of planned activities for projects implemented under investment contracts, investment agreements, as well as strategically important projects (worth more than fifty thousand times the monthly calculation index established for the relevant financial year by the law on the republican budget), determined by the decision of the regional coordination councils, are introduced effective from March 19, 2025.
22. Unused (outstanding) carbon quota units from the reserve of the National Carbon Quota Plan for 2022-2025 are transferred to the carbon market stabilization reserve.
23. Business entities engaged in activities related to the recovery, neutralization and (or) disposal of hazardous waste, collection, transportation of hazardous waste, are required to bring their activities in accordance with the qualification requirements approved by the authorized body in the field of environmental protection, with the type of license specified in paragraph 1 of Article 336 of this Code, by December 31. In 2027.
In case of non-compliance with the qualification requirements for the type of license specified in paragraph 1 of Article 336 of this Code, or the absence of a voluntary request by January 1, 2028 by a business entity to terminate its activities, the authorized body in the field of environmental protection refuses to renew the license or notifies of the termination of the license (notification).
24. By January 1, 2028, the fulfillment of extended obligations by the manufacturer (importer) through the use of its own system of collection, transportation, preparation for reuse, sorting, processing, recycling, neutralization and (or) disposal of waste is confirmed provided that the manufacturer (importer) processes waste in the territory of the Republic of Kazakhstan in the amount of at least thirty percent of the mass products (goods) sold (sold) or imported in the reporting half of the year.";
101) in Appendix 1:
in section 1:
Replace "thermal" with "installed" in paragraph 1.5.;
Paragraph 4 should be supplemented with paragraph 4.2 as follows:
"4.2. stationary plants for the production of asphalt concrete mixtures and bitumen products with a production capacity of 40 tons per hour or more.";
in section 2:
in paragraph 1:
Replace "thermal" with "installed" in paragraph 1.3.;
add paragraph 1.9 as follows:
"1.9. charcoal production.";
Replace "thermal" with "electric" in paragraph 3.2.2.;
Paragraph 4 should be supplemented with paragraphs 4.7, 4.7.1 and 4.7.2 as follows:
"4.7. production of asphalt concrete mixtures and bitumen products:
4.7.1. stationary plants with a production capacity of up to 40 tons per hour;
4.7.2. mobile installations.";
102) in Appendix 2:
in section 1:
in paragraph 1:
Replace "rated" with the word "installed" in paragraph 1.1.;
Paragraph 1.3 should be worded as follows:
"1.3. exploration of hydrocarbons in subsurface areas carried out at sea, extraction of hydrocarbons and processing of hydrocarbons;";
Replace "rated" with the word "installed" in paragraph 1.5.2.;
Replace "thermal" with "electric" in paragraph 2.3.2.;
Paragraph 3.3 should be worded as follows:
"3.3. production of asbestos and fragile asbestos-based products";
Add the following note to section 1:
"Note. An asbestos-based brittle product is a material containing asbestos that, when mechanically applied without the use of tools and equipment, is crushed, crushed or reduced to a powdery state.";
in section 2:
in paragraph 1:
Paragraph 1.1 should be worded as follows:
"1.1. burning of fuel, with the exception of gas, at stations with a total installed electric capacity of 5 megawatts (MW) or more, and (or) for the purpose of providing electric, thermal energy, gas, hot water and (or) steam using equipment with a total design thermal capacity of 4 Gcal/hour or more;";
Replace "rated" with the word "installed" in paragraph 1.2.;
add paragraph 1.4 as follows:
"1.4. exploration of hydrocarbons, with the exception of activities during the exploration of hydrocarbons in subsurface areas carried out at sea.";
add paragraphs 3.1.8 and 3.1.9 as follows:
"3.1.8. asbestos-based products classified as non-brittle asbestos-based products;
3.1.9. asphalt concrete mixtures and bitumen products for road construction.";
in paragraph 7.11:
replace "mining" and "mining and (or)" with "mining and (or)";
add the words "(including crushing and screening plants)";
add paragraph 7.20 as follows:
"7.20. charcoal production.";
Sub-paragraphs 37) and 73) of paragraph 1 of section 3 should be deleted;
103) in paragraph 1 of Annex 3:
Subparagraph 7) should be worded as follows:
"7) thermal waste disposal and disposal;";
add subparagraph 7-1) as follows:
"7-1) waste recovery;";
In subparagraph 10), the word "basic" should be deleted.;
Sub-paragraph 11) should be deleted;
subparagraph 20) should be worded as follows:
"20) production of glass, including fiberglass, ceramic products and melting of minerals;";
add the following sub-items 29), 30), 31), 32), 33) and 34) as follows:
"29) manufacture of asbestos and products made from it;
30) cattle breeding;
31) extraction and processing of common minerals;
32) monitoring of emissions of pollutants into atmospheric air and water bodies;
33) energy efficiency in the implementation of economic and (or) other activities;
34) mining and processing of uranium ores.";
104) in Appendix 4:
Paragraph 9 should be supplemented with subparagraph 6) as follows:
"6) purchase and use of modern equipment to ensure high-quality environmental monitoring and effective environmental control.";
add paragraph 11 as follows:
"11. Ecological culture, ecological education and enlightenment:
1) carrying out activities aimed at the formation of the foundations of ecological culture in society, the development of environmental education and enlightenment based on the principles of sustainable development;
2) involving the population in environmental conservation;
3) carrying out work on informing about the state of the environment and environmental safety, environmental information.".
5. To the Water Code of the Republic of Kazakhstan dated April 9, 2025:
1) Paragraph 2 of Article 25 should be supplemented with sub-paragraphs 12-1) and 12-2) as follows:
"12-1) approves the rules for payments (payments) of budget subsidies to a state-owned enterprise with the right of economic management in the field of water supply, which organizes the construction and operation of water facilities in the capital, for repayment and servicing of a non-state loan attracted under a state guarantee;
12-2) makes payments (payments) in accordance with the rules for payments (payments) of budget subsidies to a state-owned enterprise with the right of economic management in the field of water supply, which organizes the construction and operation of water facilities in the capital, for repayment and servicing of a non-governmental loan attracted under a state guarantee;";
2) add paragraph 3 to Article 27 as follows:
"3. The local executive body of the capital provides co-financing in accordance with the rules for payments (payments) of budget subsidies to a state-owned enterprise with the right of economic management in the field of water supply, which organizes the construction and operation of water facilities in the capital, for repayment and servicing of a non-governmental loan attracted under a state guarantee approved by the authorized body in the field of housing relations and housing and communal services.";
3) subparagraph 3) of paragraph 1 of Article 86 should be supplemented with the words ", with the exception of the discharge of groundwater collected simultaneously during subsurface use operations (except for hydrocarbons and uranium), not contaminated by such operations, extracted using water-reducing and drainage wells, provided there is no deterioration in the quality of the water body as a result of such discharge. At the same time, it is prohibited to discharge such waters into water bodies used for drinking water supply;".
6. To the Law of the Republic of Kazakhstan dated July 9, 2004 "On Protection, reproduction and use of wildlife":
1) add subparagraph 33-1) to Article 1 as follows:
"33-1) turnover of saiga derivatives – removal from the habitat, collection (including collection of derivatives from carcasses of dead saiga), storage, accounting of saiga derivatives, except for their sale, which is carried out by the operator of the saiga derivatives trading system;";
2) add subparagraph 77-19) to the first part of paragraph 1 of Article 9 as follows:
"77-19) develops and approves the rules for labeling and traceability of saiga derivatives by means of identification;";
3) add article 11-2 to Chapter 2 as follows:
"Article 11-2. Turnover of saiga derivatives and their implementation
1. Saiga derivatives are marked by means of identification in accordance with the procedure determined by the authorized body.
Individuals and legal entities are prohibited from moving, storing and selling saiga derivatives without means of identification on them.
For the purposes of labeling and controlling the turnover of saiga derivatives, saiga derivatives are understood to mean saiga horns and products made from them and (or) their derivatives.
2. Activities related to the sale of saiga derivatives removed from their natural habitat, with the exception of seizures for scientific research in the field of conservation, reproduction and use of wildlife in accordance with Article 22 of this Law, are carried out exclusively by the operator of the saiga derivatives trading system.";
"4") in paragraph 3 of Article 23, the words "and the products of their vital activity" should be replaced by the words ", the products of their vital activity and derivatives of animals".;
"5") in subparagraph 5) of Article 24, the words "and animal waste products" should be replaced by the words "animal waste products and derivatives, including the turnover of saiga derivatives".;
6) add paragraph 4 to article 47 as follows:
"4. The operator of the saiga derivatives trading system directs the money received to his bank account from the sale of saiga derivatives to:
1) financing the activities of republican state-owned enterprises to ensure the protection, reproduction and sustainable use of wildlife, as well as the preservation and reproduction of Kazakh dog breeds;
2) financing of government programs and projects aimed at the conservation of rare and endangered species of animals;
3) financing the training and advanced training of specialists of the authorized body, its departments with territorial divisions.
The legal relations provided for in this paragraph are not subject to the legislation of the Republic of Kazakhstan on public procurement.".
7. To the Law of the Republic of Kazakhstan dated December 13, 2005 "On Compulsory Environmental Insurance":
Article 4 should be worded as follows:
"Article 4. The main purpose, objectives and principles of compulsory environmental insurance
1. The main purpose of compulsory environmental insurance is to ensure the elimination of environmental damage caused to the components of the natural environment as a result of an accident during the implementation of environmentally hazardous types of economic and other activities.
2. The main objectives of compulsory environmental insurance are:
1) protection of the legitimate interests of individuals and (or) legal entities (insured) affected by environmental pollution;
2) strengthening the rule of law in the field of compulsory environmental insurance.
3. The basic principles of compulsory environmental insurance are:
1) compensation for environmental damage in the amount and in the manner prescribed by this Law;
2) ensuring that the parties fulfill their obligations under the compulsory environmental insurance contract;
3) economic incentives to prevent environmental damage.".
8. To the Law of the Republic of Kazakhstan dated May 16, 2014 "On Permits and Notifications":
Paragraph 2 of column 3 of line 84 of Appendix 1 should be worded as follows:
"2. Collection, transportation, recovery, neutralization and (or) disposal of hazardous waste".
9. To the Law of the Republic of Kazakhstan dated January 12, 2016 "On the Use of Atomic Energy":
1) add paragraph 3 to article 2 as follows:
"3. Legal relations regulated by the legislation of the Republic of Kazakhstan in the field of the use of atomic energy are not subject to the legislation of the Republic of Kazakhstan on public procurement regarding the purchase of goods, works and services for the implementation of projects in the field of peaceful uses of atomic energy by the National Operator of nuclear power plants, as well as legal entities with more than fifty percent of voting shares (participation shares in the authorized capital) which are directly or indirectly owned by the National Operator of the NPP.
Purchases of goods, works and services for administrative, business, office, transport and other general purposes are carried out in accordance with the legislation of the Republic of Kazakhstan on public procurement.";
2) add articles 6-1, 6-2 and 12-3 as follows:
"Article 6-1. Register of suppliers of goods, works and services for the implementation of NPP projects
1. The register of suppliers of goods, works and services for the implementation of NPP projects is a list of qualified potential suppliers of goods, works and services for the implementation of NPP projects, formed in accordance with the rules for the formation and maintenance of the register of suppliers of goods, works and services for the implementation of NPP projects, approved by the authorized body.
2. The authorized body shall form and maintain a register of suppliers of goods, works and services for the implementation of NPP projects.
Article 6-2. Register of unscrupulous participants in the procurement of goods, works and services for the implementation of NPP projects
1. The register of unscrupulous participants in the procurement of goods, works and services for the implementation of NPP projects (hereinafter referred to as the register of unscrupulous participants) is formed by the authorized body.
2. The register of unscrupulous participants is a list of potential suppliers or suppliers of goods, works and services included in it on the basis of:
1) providing false information during the procurement process;
2) avoidance or refusal of a potential supplier, recognized as the winner of the procurement, from concluding a procurement contract;
3) failure to ensure the execution of the procurement contract within the time limits set by the contract for purchases conducted by tender, except in cases of full and proper fulfillment by the supplier of its obligations under the procurement contract in terms of the supply of goods, provision of services, performance of work, before the expiration of the deadline for providing security for the execution of the contract;
4) the existence of a court decision (resolution) that has entered into legal force, which established the fact of non-fulfillment or improper fulfillment of the procurement contract.
3. The register of unscrupulous participants is formed on the basis of:
1) decisions of the authorized body in the cases provided for in subparagraphs 1), 2) and 3) of paragraph 2 of this Article;
2) a court decision (resolution) that has entered into legal force in the case provided for in subparagraph 4) paragraph 2 of this article.
4. Potential suppliers included in the register of unscrupulous participants on the grounds provided for in subparagraphs 1), 2) and 3) of paragraph 2 of this article are not allowed to participate in procurement within twenty-four months from the date of the decision to recognize them as unscrupulous procurement participants.
Potential suppliers or suppliers included in the register of unscrupulous participants on the grounds provided for in subparagraph 4) According to paragraph 2 of this article, they are not allowed to participate in procurement within twenty-four months from the date of entry into force of a court decision (resolution) recognizing such potential suppliers or suppliers as unfair procurement participants.
5. Potential suppliers and (or) suppliers included in the register of unscrupulous participants in public procurement, the register of unscrupulous participants in the procurement of certain quasi-public sector entities, or the list of unreliable suppliers (suppliers) of the National Welfare Fund are not allowed to participate in the procurement of the National Operator of nuclear Power plants.
6. The grounds for exclusion from the register of unscrupulous participants are:
1) expiration of the time limits established by paragraph 4 of this Article;
2) the existence of a judicial act that has entered into legal force to reverse the decision to recognize a potential supplier or supplier as an unscrupulous participant in the procurement;
3) the decision of the authorized body taken following the results of consideration by the conciliation commission of the potential supplier's request to exclude it from the register of unscrupulous participants.
The regulations and working procedure of the conciliation commission are approved by the authorized body.
7. The decision to include a potential supplier or supplier in the register of unscrupulous participants may be appealed in accordance with the legislation of the Republic of Kazakhstan.";
"Article 12-3. Acquisition of goods, works and services by the National Operator of the NPP, as well as by legal entities, more than fifty percent of the voting shares (participation shares in the authorized capital) of which are directly or indirectly owned by the National Operator of the NPP
1. The purchase of goods, works and services by the National Operator of the NPP, as well as by legal entities with more than fifty percent of the voting shares (stakes in the authorized capital) owned directly or indirectly by the National Operator of the NPP, is carried out in accordance with the rules for the purchase of goods, works and services by the National Operator of the NPP, as well as by legal entities with more than fifty percent of the voting shares shares (participation shares in the authorized capital) of which are directly or indirectly owned by the National Operator of the NPP, approved by the authorized body.
2. The purchase of goods, works and services within the framework of the execution of contracts for the procurement of complex "turnkey" construction works from potential suppliers included in the register of suppliers of goods, works and services for the implementation of NPP projects is carried out in accordance with the principles:
1) the priority of nuclear, radiation and nuclear physical safety;
2) optimal and efficient spending of money used for purchases;
3) openness and transparency of the procurement process, respecting the rights and (or) legitimate interests of suppliers to trade secrets;
4) providing support to Kazakhstani commodity producers, as well as Kazakhstani suppliers of works and services, to the extent that this does not contradict international treaties ratified by the Republic of Kazakhstan.;
5) fair competition among potential suppliers, prevention of collusion between procurement participants;
6) providing potential suppliers with equal opportunities to participate in the procurement procedure, except in cases stipulated by the laws of the Republic of Kazakhstan;
7) respect for the intellectual property rights contained in the purchased goods.".
10. To the Law of the Republic of Kazakhstan dated June 30, 2016 "On Suspension of Certain Provisions of the Land Code of the Republic of Kazakhstan and the Enactment of the Law of the Republic of Kazakhstan dated November 2, 2015 "On Amendments and Additions to the Land Code of the Republic of Kazakhstan":
"1") in the first paragraph of Article 1, the digits "2026" should be replaced by the digits "2031".;
"2") in article 2, the digits "2026" should be replaced by the digits "2031".
11. To the Law of the Republic of Kazakhstan dated July 12, 2023 "On the return of Illegally Acquired Assets to the State":
"Subparagraph 9" of Article 1 after the word "education," add the words "civil protection,".
12. To the Law of the Republic of Kazakhstan dated December 4, 2025 "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Culture, Education, Family and State Control":
1) paragraphs eleven, twelve and thirteenth of subparagraph 4) of paragraph 9 of Article 1 should be deleted;
2) in subparagraph 3) of Article 2, the words "paragraphs eleventh, twelfth and thirteenth of subparagraph 4)," should be deleted.
Article 2. This Law shall enter into force sixty calendar days after the date of its first official publication, with the exception of:
1) subitem 2) of paragraph 3, subitem 56) of paragraph 4, subitems 1) and 2), paragraphs one, two, three, fifth and sixth of subparagraph 3), subitems 4), 5) and 6) of paragraph 6, paragraphs 11 and 12 of Article 1, which shall enter into force upon expiration of ten calendar days after the date of its first official publication;
2) paragraphs of the ninth and tenth subitems 48), paragraphs of the third and fourth subitems 96) of paragraph 4 of Article 1, which enter into force on January 1, 2028;
3) paragraphs of the sixth, seventh, eighth, ninth, tenth, eleventh, twelfth, thirteenth, fourteenth, fifteenth, seventeenth and eighteenth subitems 67) of paragraph 4 of Article 1, which enter into force on January 1, 2030;
4) paragraph 9 of Article 1, which shall enter into force from the date of entry into force of the rules relating to the activities of the National Operator of Nuclear Power Plants.
President
Republic of Kazakhstan
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