I.O.'S ORDER OF THE MINISTER OF ECOLOGY, GEOLOGY AND NATURAL RESOURCES OF THE REPUBLIC OF KAZAKHSTAN

of August 10, 2021 No. 321

About approval of Rules of forming of the list of the power making organizations using energy waste recycling

According to Item 6 of article 324 of the Ecological code of the Republic of Kazakhstan I ORDER:

1. Approve the enclosed Rules of forming of the list of the power making organizations using energy waste recycling.

2. Declare invalid the order of the acting minister of ecology, geology and natural resources of the Republic of Kazakhstan of March 18, 2021 No. 69 "About approval of Rules of forming of the list of the power making organizations using energy waste recycling" (it is registered in the Register of state registration of regulatory legal acts for No. 22368).

3. To provide to department of state policy of waste management of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan;

3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

4. To impose control of execution of this order on the supervising vice-minister of ecology, geology and natural resources of the Republic of Kazakhstan.

5. This order becomes effective from the date of its first official publication and extends to the legal relationship which arose since July 1, 2021.

It is approved Ministry of Finance of the Republic of Kazakhstan

It is approved Ministry of national economy of the Republic of Kazakhstan

Appendix

to the Order of the acting minister of ecology, geology and natural resources of the Republic of Kazakhstan of August 10, 2021 No. 321

Rules of forming of the list of the power making organizations using energy waste recycling

Chapter 1. General provisions

1. These rules of forming of the list of the power making organizations using energy waste recycling (further - Rules) are developed according to Item 6 of article 324 of the Ecological code of the Republic of Kazakhstan (further - the Ecological code) and determine procedure for forming of the list of the power making organizations using energy waste recycling (further - the List).

2. In these rules the following concepts are used:

1) biddings – the process organized and which is carried out by the organizer of biddings in electronic system on the basis of auction and directed to selection of projects on construction of new objects for use of renewable energy resources taking into account the plan of placement of these objects, objects for energy waste recycling and determination of the auction prices of the electrical energy made by objects for use of renewable energy resources, objects for energy waste recycling;

2) the organizer of biddings – the legal entity determined by authorized body, performing according to the procedure, provided by the Law, the organization and carrying out biddings;

3) settlement financial center on support of renewable energy resources (further – settlement financial center) – the legal entity created by the system operator and determined by the central executive body performing management and cross-industry coordination in the field of support of use of renewable energy resources performing centralized purchase and sale of the electrical energy made by objects for use of renewable energy resources, objects for energy waste recycling and delivered in power networks of single electric utility system of the Republic of Kazakhstan;

4) energy waste recycling – process of heat treatment of waste for the purpose of reduction of their amount and receipt of energy, including their use as secondary and (or) energy resources, except for receipts of biogas and other fuel from organic waste;

5) the participant of biddings on selection of projects on energy waste recycling - person, the participant status which was registered at the organizer of biddings and received;

6) object for energy waste recycling – set of the technical devices and installations intended for energy waste recycling, and the constructions interconnected with them and the infrastructure technologically necessary for energy waste recycling;

7) the power making organization using energy waste recycling – the legal entity included in the List, performing energy production, received from energy waste recycling;

8) authorized body in the field of environmental protection (further – authorized body) - the central executive body performing management and cross-industry coordination in the field of environmental protection and environmental management and also its territorial authorities.

3. The list is intended for the organization and carrying out biddings on selection of projects on construction of facilities on energy waste recycling.

Chapter 2. Procedure for forming of the list of the power making organizations using energy waste recycling

4. For implementation of selection of technologies for energy waste recycling, determination of group of settlements for implementation of objects of energy utilization and carrying out biddings the decision of authorized body creates the Commission on questions of forming of the List (further – the Commission) which consists of the chairman and her members. The commission is created of the odd number of members, numbering no more than seven members.

The structure of the Commission is determined by authorized body.

The decision on creation of the Commission is placed on official Internet resource of authorized body.

5. Within five working days after creation of the Commission by members of the commission the open voting makes the decision on determination of group of settlements for implementation of objects of energy utilization. Results of vote are determined by a majority vote members of the commission.

The decision of the Commission on determination of group of settlements for implementation of objects of energy utilization is drawn up by the protocol, signed by the chairman and members of the commission.

6. The authorized body sends to the organizer of biddings information on determination by the Commission of group of settlements for implementation of objects of energy utilization for carrying out biddings on selection of projects on energy waste recycling with appendix of the relevant protocol of the Commission.

7. The authorized body within five working days from the date of obtaining from the organizer of biddings on selection of projects on energy waste recycling of information on carrying out biddings publishes on the Internet resource information on the beginning and date of completion of terms of order taking for forming of the List.

8. The list is created of number of participants of biddings on selection of the projects on energy waste recycling which were registered at the organizer of biddings.

Participants of biddings on selection of projects on energy waste recycling are the legal entities and (or) consortia interested in implementation of the activities for energy production received from the energy waste recycling and the legal entities performing energy production received from energy waste recycling.

9. Inclusion of participants of biddings by authorized body on selection of projects on energy waste recycling in the List is performed on condition of compliance to their requirements, stipulated in Item 10 these rules, and compliance of the technologies offered by them to the requirements to operation of objects for energy waste recycling approved by authorized body.

10. Requirements to participants of biddings on selection of projects on energy waste recycling (further – applicants) for inclusion in the List participants are:

1) experience of the applicant or any of members of the consortium, partnership declared together with the applicant constitutes constructions at least, than 5 (five) objects, and at least 8 (eight) years of operating experience of objects for energy utilization;

2) the applicant or any of members of the consortium, partnership declared together with the applicant perform asset construction on energy utilization which functions at least 8 000 hours a year;

3) compliance to the ecological requirements equivalent to the Directive 2010/75/EU of the European Parliament and Council of the European Union offered by the applicant to technology "About industrial emissions (about complex prevention of pollution and control over it)";

4) with the assistance of consortium or partnership, legal resident person of the Republic of Kazakhstan who is the main partner in the konsortsialny agreement acts as one of members of such consortium or partnership;

5) compliance of the applicant or one of members of consortium which is resident of the Republic of Kazakhstan, to the following criterion:

experience at least 3 (three) years in conversion and (or) waste recycling in the Republic of Kazakhstan.

11. Applicants for confirmation of conformity to the requirements specified in Item 10 of these rules and also for inclusion in the List represent to members of the commission on the electronic medium in the Kazakh and Russian languages the following documents:

1) the statement on inclusion in the List in form, according to appendix 1 to these rules;

2) data on state registration and (or) re-registration of the resident applicant of the Republic of Kazakhstan or the apostilled data on registration and (or) re-registration of the applicant who is not resident of the Republic of Kazakhstan including concerning the legal entities who are together with the applicant members of consortia;

3) the main characteristics of technology for energy waste recycling, including compliance to ecological requirements regarding emissions and dumpings;

4) data on experience of the applicant or any of members of the consortium declared together with the applicant, construction is at least, than 5 (five) objects, and at least 8 (eight) years of operating experience of objects for energy utilization;

5) information on functioning of object for energy utilization at least 8 000 hours a year;

6) the konsortsialny agreement with differentiation of the rights and obligations of members of consortium (with the assistance of consortium) which basic from participants is legal resident person of the Republic of Kazakhstan;

7) the documents confirming compliance of the applicant or one of members of resident consortium of the Republic of Kazakhstan to the requirements specified in the subitem 5) of Item 10 of these rules;

8) the guaranty letter that concerning the applicant insolvency proceedings or liquidations at the time of filing of application on inclusion in the List are not performed.

Applicants represent originals of documents or notarized copies of documents. Documents which originals are stated in foreign language are followed by notarized transfer into the Kazakh and Russian languages. The documents submitted on the electronic medium are the scanned copies from original paper documents. The documents which are initially created in electronic form, certified or signed by the digital signature, are attached in the form of the original electronic document which was not exposed to change and (or) amendment including the name of the electronic file.

12. The commission within 5 (five) working days from the moment of receipt of the documents specified in Item 11 of these rules checks completeness of the submitted documents and (or) data containing in them.

13. In case of the provision of incomplete document package and (or) data containing in them, the Commission in time, specified in Item 12 of these rules, returns them to the Applicant with indication of return reasons.

By provision of complete document package and (or) data the Commission considers them within thirty calendar days.

14. By results of consideration of the submitted documents Commission within the terms specified in Item 13 of these rules passes the decision on compliance or on discrepancy of the Applicant and his technology for energy waste recycling to requirements of these rules.

The decision of the Commission is made by open voting.

Results of vote are determined by a majority vote members of the commission.

Decisions of the Commission it is drawn up by the protocol, signed by the chairman and members of the commission.

15. Forming of the List is performed by authorized body based on the decision of the Commission in the form of the order according to Item 6 of article 324 of the Ecological code.

16. The list affirms in form, according to appendix 2 to these rules and affirms authorized body.

17. The authorized body within five working days from the date of forming of the List notifies the applicants who are not included in the List on the decision made by the Commission in any form with indication of the reasons.

18. Inclusion of the participant of biddings on selection of projects on energy utilization in the List is the basis for its participation in trading session of biddings on selection of projects on energy waste recycling.

19. From the moment of inclusion of the participant of biddings on selection of projects on energy utilization in the List this participant acquires the status of the power making organization using energy waste recycling.

20. The power making organization is excluded by authorized body from the approved List in the following cases:

1) if the owner of object for energy waste recycling refuses further project implementation by the direction of the corresponding letter to authorized body;

2) in case of variations from project deadlines;

3) if the technology of energy waste recycling of the winner of biddings provided in the approved project (project and estimate) documentation on asset construction does not correspond to the declared technologies within inclusion of the power making organization in the List;

4) if the owner of object for energy utilization within year from the date of inclusion in the List does not participate in biddings.

21. The decision on exception of the power making organization of the List is performed by authorized body based on the decision of the Commission within 15 (fifteen) working days from the date of identification of one of cases, stipulated in Item 20 these rules.

22. The urgent List is placed on official Internet resource of authorized body within 3 (three) working days from acceptance date of the relevant decision.

23. In disagreement cases with the decision of authorized body the applicant appeals its actions according to Article 91 the Administrative procedural Procedure Code of the Republic of Kazakhstan.

24. In case, stipulated in Item 23 these rules, process of forming of the List stops before decision on the substance of the claim to actions of authorized body.

Appendix 1

to Rules of forming of the list of the power making organizations using energy waste recycling

Form

The statement on inclusion in the List of the power making organizations using energy waste recycling

I ask to include in the list of the power making organizations using
energy waste recycling:
_________________________________________________________________________

The following documents are attached to the request:
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________

First head: _________________________________________________

                                Signature: _______________________________
                                Date of filling "___" ________ 20 __ years

Appendix 2

to Rules of forming of the list of the power making organizations using energy waste recycling

Form

The list of the power making organizations using energy waste recycling

№	The name of the power making organization	Legal address	Contact telephone number, e-mail	Type of activity	The declared technology (the short description)

 

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