On the ratification of the Agreement on the Transboundary Movement of Hazardous Waste through the Customs Territory of the Eurasian Economic Union

The Law of the Republic of Kazakhstan dated March 29, 2022 No. 112-VII SAM.

      To ratify the Agreement on the Transboundary Movement of Hazardous Waste through the Customs Territory of the Eurasian Economic Union, signed in Cholpon-Ata on August 9, 2019.  

     President of the Republic of Kazakhstan

K. TOKAEV

Agreement on the Transboundary Movement of Hazardous Waste through the Customs Territory of the Eurasian Economic Union

     (Entered into force on April 21, 2022, Bulletin of International Treaties of the Republic of Kazakhstan 2022, No. 3, art. 10)  

      The Governments of the member States of the Eurasian Economic Union,  

      Based on article 29 of the Treaty on the Eurasian Economic Union of May 29, 2014,  

      Striving to create favorable conditions for the effective functioning of the Eurasian Economic Union (hereinafter - the Union),  

      Reaffirming its commitment to the principles of fulfilling international obligations stipulated by the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal of March 22, 1989 (hereinafter referred to as the Basel Convention), to which the Member States of the Union (hereinafter referred to as the Member States) are parties,  

      have agreed on the following:  

Article 1

     This Agreement regulates relations related to the transboundary movement of hazardous wastes specified in sections 1.2 and 2.3 of the unified list of goods subject to non-tariff regulatory measures in Trade with Third countries provided for in the Protocol on Non-Tariff Regulatory Measures for Third Countries (Annex No. 7 to the Treaty on the Eurasian Economic Union of May 29, 2014) (hereinafter referred to as waste), through the customs territory of the Union in the course of mutual trade between the member States.    

Article 2

     For the purposes of this Agreement, the concepts used mean the following:

     "state bodies" - bodies of the Member States performing the functions of preventing, detecting and suppressing violations of the requirements established by this Agreement and the legislation of the Member States in the case of transboundary movement of waste;

     "conclusion (authorization document)" is a document confirming the right to transboundary movement of waste;

     "applicant" means a legal entity or an individual registered as an individual entrepreneur who has applied to the competent authority for an opinion (authorization document) on the transboundary movement of waste.;

     "competent authority" - the authority of a Member State authorized to issue opinions (permits);

     "transboundary movement of waste" means the export of waste that is goods of the Union from the territory of one Member State and their import into the territory of another member State, including through the territory of a third member State (internal transit), as well as the export of waste from the territory of one member State and their import into the territory of the same of a Member State through the territory of another Member State.

      Other concepts used in this Agreement are applied in accordance with the Basel Convention, the Treaty on the Eurasian Economic Union of May 29, 2014 and international treaties concluded within the Union.

Article 3

     This Agreement applies to legal entities and individuals registered as individual entrepreneurs engaged in the transboundary movement of waste in the course of mutual trade between the Member States.

     The cross-border movement of waste by individuals for personal use is prohibited.

Article 4

     The transboundary movement of waste from the territory of one Member State to the territory of another Member State through the territory of a non-member State of the Union is carried out in accordance with the provisions of the Basel Convention.

Article 5

     The Member States shall monitor and supervise the transboundary movement of waste in accordance with the legislation of the Member States.

     The Member States do not allow the transboundary movement of waste for the purpose of its disposal and/or neutralization.

Article 6

     The transboundary movement of waste is carried out on the basis of an opinion (authorization document) issued by the competent authority in a single form approved by the Eurasian Economic Commission.

     The conclusion (authorization document) is issued to the applicant in accordance with the procedure and within the time limits established by the legislation of the Member States.

     Conclusion (authorization document) A permit for the export of waste is issued by the competent authority of the Member State from whose territory it is intended to be exported, if there is an opinion (authorization document) for the import of such waste issued by the competent authority of the Member State into whose territory it is intended to be imported.

     The issuance of an opinion (authorization document) for the export of waste in the case of internal transit is carried out in the presence of an opinion (authorization document) for their import, specified in the third paragraph of this article, and an opinion (authorization document) for internal transit issued by the competent authority of the Member State through whose territory the transboundary movement of waste is expected.

     The issuance of an opinion (authorization document) for the transboundary movement of waste from the territory of one Member State to the territory of the same Member State through the territory of another Member State is carried out by the competent authority of the Member State through whose territory the waste is being moved, upon receipt of a notification in accordance with the Basel Convention from the competent authority of the Member State from whose territory and on the territory of which the transboundary movement of waste is expected.

     Copies of the conclusions (permits) are attached to the package of shipping documents.

Article 7

     The state authorities of the Member State into whose territory the waste was imported and (or) of the Member State through whose territory the transboundary movement of waste was carried out, when identifying the facts of the transboundary movement of waste without conclusions (permits), as well as in case of inconsistency of the information specified in the conclusions (permits), the information received during the control and supervision of the transboundary movement of waste, Within 3 working days from the date of detection of such facts, the competent authority of the Member State from whose territory the waste was exported shall be informed about this through the competent authority of their State.

Article 8

     The competent authority of the Member State from whose territory the waste was exported, upon receipt of the information provided for in Article 7 of this Agreement:

     in the case of transboundary movement of waste without a conclusion (authorization document) - takes measures to return waste or dispose of it in an environmentally sound manner in accordance with the norms of the Basel Convention;

     in case of inconsistency of the information specified in the conclusion (authorization document) with the information obtained during the control and supervision of the transboundary movement of waste:

     decides on the termination of the conclusion (authorization document) and, within 3 working days from the date of such decision, informs the applicant to whom the conclusion (authorization document) was issued, the competent authority of the Member State into whose territory the waste was imported, and the competent authority of the Member State through whose territory a transboundary movement of waste was carried out (which is the basis for the withdrawal by the specified competent authorities of the conclusions (permits) issued to the applicant;

     Takes measures to return waste or dispose of it in an environmentally sound manner in accordance with the norms of the Basel Convention.

Article 9

     The requirements for the procedure for the transboundary movement of waste not specified in this Agreement, as well as the carrier and the procedure for the implementation of measures to prevent and eliminate emergencies, and to compensate for damage caused to human health and the environment, are determined by the legislation of the Member States.

Article 10

     Failure to comply or improperly comply with the requirements established by this Agreement and the legislation of the Member States regarding the transboundary movement of waste shall entail liability in accordance with the legislation of the Member States.

Article 11

     The competent authority of the Member State from whose territory the waste was exported annually, by January 20 of the year following the reporting year, sends a report on the conclusions (permits) issued for the relevant period for the export of hazardous waste to the competent authority of the Member State in accordance with the annex to this Agreement (by e-mail)., on the territory of which the waste was imported.

Article 12

     The Governments of the Member States shall inform each other and the Eurasian Economic Commission about the competent authorities of their States.

     In the event of a change in the competent authorities, the Governments of the member States shall notify each other and the Eurasian Economic Commission through diplomatic channels within 30 calendar days.

Article 13

     Disputes related to the application of this Agreement are resolved in accordance with the procedure established by the Treaty on the Eurasian Economic Union of May 29, 2014.

Article 14

     This Agreement is an international agreement concluded within the framework of the Union and is included in the law of the Union.

Article 15

This Agreement may be amended, which are formalized in separate protocols and enter into force in accordance with the procedure established by Article 16 of this Agreement.

Article 16

     This Agreement shall enter into force upon the expiration of 10 calendar days from the date of receipt by the depositary through diplomatic channels of the last written notification on the completion by the Member States of the internal procedures necessary for the entry into force of this Agreement.

     Done in Cholpon-Ata on August 9, 2019, in one original copy in Russian.

     The original copy of this Agreement shall be kept at the Eurasian Economic Commission, which, as the depositary of this Agreement, will send each member State a certified copy thereof.

 Отчет о выданных заключениях (разрешительных документах) на трансграничное перемещение (вывоз) опасных отходов за 20___год 

     I hereby certify that this text is a complete and authentic copy of the Agreement on the Transboundary Movement of Hazardous Waste through the Customs Territory of the Eurasian Economic Union, signed on August 9, 2019 in the city of Cholpon-Ata.:

      for the Government of the Republic of Armenia — Prime Minister of the Republic of Armenia Nikol Pashinyan;  

      for the Government of the Republic of Belarus — Prime Minister of the Republic of Belarus S. N. Rumas;  

      for the Government of the Republic of Kazakhstan — Prime Minister of the Republic of Kazakhstan A.U. Mamin;  

      for the Government of the Kyrgyz Republic - by the Prime Minister of the Kyrgyz Republic M. D. Abylgaziev;  

      for the Government of the Russian Federation - Chairman of the Government of the Russian Federation D. A. Medvedev.  

     The original copy is kept at the Eurasian Economic Commission.

 Associate Director    

Legal Department    

Of the Eurasian Economic Commission

V. A. Doroshkevich  

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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