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Ecological Code.doc
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Article 294. Environmental Requirements Applicable upon Transportation of Hazardous Waste

1. Formation of hazardous waste and their transportation must be kept to a minimum.

2. Transportation of hazardous waste shall be permitted subject to the following conditions:

1) hazardous waste is packaged and labelled as appropriate for purposes of transportation;

2) hazardous waste is transported in properly equipped transportation means having special signs;

3) a hazardous waste profile sheet is present along with documentation for transportation and transfer of hazardous waste, with information on the volumes of hazardous waste being transported, purpose of transportation, and place of destination; and

4) safety requirements for transportation of hazardous waste and loading/unloading operations are met.

3. The procedure for packaging and labelling of hazardous waste for transportation shall be established by the legislation of the Republic of Kazakhstan on transport.

4. The procedure for transportation of waste, requirements for loading/unloading operations and other requirements for ensuring environmental and sanitary and epidemiological safety shall be determined by the rules and regulations as approved by the authorised government agency for transport and communications and agreed upon with the environment protection authority and the government agency for sanitary and epidemiological well-being of the population.

5. From the moment the waste has been loaded on a transportation means and accepted by the individual or legal entity carrying out the transportation to the moment the waste has been unloaded from the transportation means at the place of destination the responsibility for safe treatment and handling shall rest with the transport organisation or person who owns such means of transportation.

Article 295. Transboundary Movement of Waste

1. For the purposes of transboundary movement of waste the groups of waste set out in Schedule 1 to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal shall be considered as hazardous waste.

2. Hazardous waste shall be imported into the territory of the Republic of Kazakhstan for use (disposal, processing, recycling) and burial pursuant to a resolution of the Government of the Republic of Kazakhstan, subject to affirmative statement of opinions issued on the basis of the state environmental and sanitary and epidemiological reviews.

3. There shall be prohibited to export hazardous waste to member states of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal and to developing countries that have legislatively banned import of hazardous waste, or where reasons exist to believe that the hazardous waste will not be used in an environmentally-sound manner, or to the regions to the south of 60 degrees south latitude.

4. While carrying transboundary movement of hazardous waste, nature users must provide the concerned states with information on the anticipated transboundary movement of the waste indicating the consequences it may cause to human health and environment.

5. When moved cross-border, hazardous waste must be packed, labelled and transported in accordance with applicable generally accepted international regulations and standards.

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