KAZAKHSTAN Law and Practice Contributed by: Arman Bigazin, Mikhail Abdulov, Olzhas Abubakirov and Lidiya Sayenko, Haller Lomax LLP
hydrocarbon quotas mean the volume of free carbon units distributed by the MENR based on the bench- marking methodology. Installations in the sectors of electricity, oil and gas, mining, metallurgical and chemical industries, as well as manufacturing indus- tries in terms of the production of cement, lime, gyp- sum and bricks, are subject to carbon quotas if they emit more than 20,000 tonnes of carbon dioxide per year. 14. Asbestos and Polychlorinated Biphenyls (PCBs) 14.1 Key Policies, Principles and Laws Relating to Asbestos and PCBs There are no separate legislative acts that regulate the use of asbestos and PCBs. Separate provisions regarding asbestos and organic pollutants are con- tained in the Environmental Code. Asbestos The Environmental Code stipulates that the produc- tion and/or use of asbestos or organic pollutants is an activity that has a significant negative impact on the environment. Therefore, it requires an environmental impact assessment (or screening). Kazakhstan has also ratified the International Labour Organization Asbestos Convention of 1986. In addition to this convention, the Sanitary Rules for Working with Asbestos No 1.07.085-97 and Methodological Rec- ommendations for the Implementation of State Sani- tary Supervision at Enterprises Producing and Using Asbestos No 10.7.065/P-94 have been adopted. PCBs In relation to PCBs, rules for handling persistent organic pollutants and waste containing them were developed in accordance with the requirements of the Stockholm Convention on Persistent Organic Pol- lutants and the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. Moreover, according to the Decision of the Board of the Eurasian Economic Commission of 2015 No 30, PCBs were included in the list of goods for which
import into the EAEU territory (of which Kazakhstan is a part) and export from the country’s customs ter- ritory is prohibited. 15. Waste 15.1 Key Laws and Regulatory Controls The Environmental Code contains an entire section on waste management, including hazardous waste, mining waste, municipal waste, and radioactive waste. Separate aspects of waste management are addressed in the Subsoil Code (in terms of waste dur- ing subsoil use operations) and in the Water Code (regarding the protection of water objects from clog- ging). 15.2 Retention of Environmental Liability The owner or shipper of waste is obliged to ensure the safe disposal of waste by third parties in a manner that does not pose a risk of environmental damage or a risk of harm to human life and/or health and, in particular, is without: • risk for waters (including underground water), atmospheric air, soils, flora and fauna; and • negative impacts on landscapes and specially pro- tected natural areas. The owner or the shipper of waste retains liability for waste until it has been transferred to a third party car- rying out waste recovery or disposal operations with an appropriate licence issued by the MENR. This rule does not extend to household waste. 15.3 Circular Economy Requirements Individuals and legal entities engaged in production in Kazakhstan and/or importation into Kazakhstan of certain types of goods are obliged to ensure the col- lection, transportation, preparation for reuse, sorting, processing, neutralisation and/or disposal of waste generated following the loss of consumer properties of such goods. Legally, such goods are referred to as “goods subject to extended producer obligations”. The list of goods subject to the extended obligations of manufacturers is established by order of the author- ised body and includes land transport vehicles (apart
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