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Environmental Code of the Republic of Kazakhstan, №400-VI (as amended)

Last updated: 21 February 2022

In January 2021, the Republic of Kazakhstan adopted a New Environmental Code which includes (among other new features) policy to support the introduction of the best available techniques (BAT). 

This Code regulates activities of individuals and legal entities that have or may have a negative impact on the environment.

The Code provides for economic regulation on environmental protection. Article 127, for example, specifies that fees can be charged for negative impact on the environment. Under this provision, operators can be charged a fee for emissions of pollutants into the atmospheric air, in particular methane. The rates of payment for the negative impact on the environment are established by the tax legislation of the Republic of Kazakhstan.


In accordance with Article 111 of the Environmental Code of the Republic of Kazakhstan, the presence of an integrated environmental permit is mandatory for objects of category I. Category of facilities depends on the gross emissions, as well as on the types of activities. Facilities with gross emissions of 1000 tons and more are assigned to Category I. An integrated environmental permit is a document that includes information on technological standards, environmental emission standards, measures to improve energy efficiency and energy saving, and other things. An integrated environmental permit is obtained subject to the use of one or more of the best available techniques (approved by the Government on the basis of reference books on the best available techniques) to achieve the specified range of emissions.

The development of reference books on BAT is carried out by the subordinate organisation of the authorised body in the field of environmental protection - NJSC "International Center for Green Technologies and Investment Projects" (ICGTIP), which performs the functions of the BAT Bureau. In 2021, ICGTIP carried out work on the development of 4 reference books on BAT:

  1. Intersectoral reference book on BAT "Combustion of fuel at large installations for the purpose of energy production";
  2. Reference book on BAT "Oil and gas processing";
  3. Reference book on BAT "Production of cement and lime";
  4. Reference book on BAT "Production of inorganic chemicals".

Work is planned for the development of 4 more directories in 2022:

  1. Reference book on BAT "Oil and gas production";
  2. Reference book on BAT "Extraction and enrichment of ferrous metal ores";
  3. Reference book on BAT "Utilization, neutralization and disposal of waste, including thermal method";
  4. Reference book on BAT "Extraction and enrichment of non-ferrous metal ores (including precious)"

The BAT principles should be gradually introduced in 10 years. If enterprises do not switch to BAT, then the rates of payment for emissions will grow: from 2025 they will grow 2 times, from 2028 - 4 times and from 2031 - 8 times. At the first stage, it is planned to transfer 50 large enterprises of the oil and gas, mining and metallurgical, chemical and electric power industries to the “best available techniques” (BAT). Those 50 large enterprises account for 80% of the total pollution.

In accordance with Article 186 of the Code, operators are required to monitor the quantity, quality of emissions and their changes. The results of this monitoring must be reported to the government. Monitoring of emissions into the environment at Category I facilities should include the use of an “automated system for monitoring emissions into the environment”. The ASM monitors the indicators of emissions into the environment at the main stationary sources of emissions. ASM provides data transfer to the information system for monitoring emissions into the environment in real time in accordance with the rules for maintaining an automated system for monitoring emissions into the environment during industrial environmental control, approved by the authorised body in the field of environmental protection.

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