Environmental requirements are imposed by Kazakhstani legislation not only on business activities in general but also on specific raw materials, products, and equipment. It should be noted that these requirements are imposed generally to suppliers or contractors who manufacture or sell certain products, raw materials, or equipment. However, violation of certain requirements may obstruct the use of such goods by entities that purchase them.
For instance, the import and export of ozone-destroying substances and products that contain such substances; performing work activities using ozone-destroying substances; and the repair, assemblage, and maintenance of equipment containing such substances are allowed only under a special permit from environmental authorities. For unimpeded use, it is necessary to demand a certificate of conformity issued by an accredited authority in the Republic of Kazakhstan or a foreign company from the seller in advance. The certificate should be recognised in the Republic of Kazakhstan in the manner prescribed by law. The lack of such a certificate may result in a ban on import by a buyer of the purchased equipment to the Republic of Kazakhstan.
Sometimes non-compliance of materials or equipment with environmental requirements can result not only in the impossibility of use but also in holding a buyer legally liable for the simple storage of such substances. For example, sometimes it is discovered that construction materials don’t comply with radiation safety standards after they’ve been purchased. The storage of unused materials means there is a risk that their owner can be held responsible for any environmental damage. For this reason, companies may need the following legal services when signing and executing agreements::
- development of a complete list of environmental requirements of Kazakhstani legislation, which are imposed on import, export from the Republic of Kazakhstan, storage, operation or disposal of certain kind of products, materials or equipment;
- analysis of agreements and assessment of legal consequences of their implementation, which may arise from environmental requirements of Kazakhstani legislation to products, materials, and equipment;
- development of a complete list of permits required for import, export from the Republic of Kazakhstan, storage, operation or disposal of certain kind of products, materials or equipment.
GRATA International has considerable experience in rendering such services, and will be happy to provide assistance for your business.
analysis of provisions of the EPC Contract for compliance with requirements of environmental legislation of the Republic of Kazakhstan.
|Bakhodir Jabborov||Managing Partner||Tashkent||Inquire|
|Nurbol Kissembayev||Partner, Branch Director||Aktau||Inquire|
|Leila Makhmetova||Counsel, Director of Environmental Law Department||Almaty||Inquire|
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In January 2014, the Environmental Law Department has won the court proceedings for the benefit of a subsoil user. The first-instance court has denied the environmental authority to recover environmental damages caused by dust emissions.
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