ORDER OF THE MINISTER OF THE INDUSTRY AND INFRASTRUCTURE DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of May 24, 2023 No. 379

About modification and amendments in the order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of October 2, 2019 No. 750 "About approval of Rules of implementation of land servicing at the airports"

I ORDER:

1. Bring in the order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of October 2, 2019 No. 750 "About approval of Rules of implementation of land servicing at the airports" (it is registered in the Register of state registration of regulatory legal acts at No. 19433) the following changes and amendment:

state preamble in the following edition:

"According to Item 2 of article 65 of the Law of the Republic of Kazakhstan "About use of airspace of the Republic of Kazakhstan and activities of aircraft" I ORDER:";

in Rules of implementation of land servicing at the airports approved by the specified order:

state Item 54 in the following edition:

"54. The service fee on collection and data transmission about air passengers is paid by airlines as a part of airport collection for rates and based on formula, provided in the standard agreement on rendering services of land servicing in provision in authorized body and (or) law enforcement and special state bodies of data about the drawn-up and (or) booked tickets according to appendix 7 to these rules (further – the Standard agreement on rendering services in provision of data). Conditions of contracts between the service provider on collection and data transmission about air passengers, operators of the airports and (or) by airlines are determined according to the Standard agreement on rendering services in provision of data and by agreement of the parties supplemented with other conditions which are not contradicting this agreement and the legislation of the Republic of Kazakhstan. Operators of the airports list payment to the service provider on collection and data transmission about air passengers based on the agreement signed in form of the Standard agreement on rendering services in provision of data. In case of the conclusion of the contract between airlines and the service provider on collection and data transmission about air passengers, the service fee on collection and data transmission about air passengers is performed by airlines directly to the service provider on collection and data transmission about air passengers.";

in appendix 2:

7) to state the subitem in the following edition:

"7) Providing passengers and crew of the aircraft with onboard food;";

add with the subitem 8) of the following content:

"8) Provision in authorized body in the field of civil aviation and (or) law enforcement and special state bodies of data on the drawn-up and (or) booked tickets, on the international flights.";

in appendix 4:

8) to state the subitem in the following edition:

"8) Additional services in aviation safety.";

9) to exclude the subitem;

be reworded as follows appendix 7 according to appendix to this order.

2. To provide to committee of civil aviation of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan in the established legislative procedure:

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 the industry and infrastructure development of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising vice-minister of the industry and infrastructure development of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

It is approved Agency on protection and development of the competition of the Republic of Kazakhstan

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

 

Appendix

to the Order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of May 24, 2023 No. 379

Appendix 7

to Rules of implementation of land servicing at the airports

The standard agreement on rendering services of land servicing in provision in authorized body and (or) law enforcement and special state bodies of data on the drawn-up and (or) booked tickets

______________________ (the name of the operator of the airport or airline), the "Customer" who is referred to as (ая) further, on behalf of (position, surname, name, middle name (in case of its availability) the head of the airport or airline), acting on the basis ______________, on the one hand and ______________________, hereinafter referred to as "Supplier", on behalf of (the position, surname, name, middle name (in case of its availability), acting on the basis _______________________, on the other hand, further jointly referred to as "Parties", signed this Agreement on rendering services of land servicing in provision in authorized body and (or) law enforcement and special state bodies of data on the drawn-up and (or) booked tickets as follows (further - the Agreement):

1. Subject of the agreement

1.1. The supplier on rendering services of land servicing in provision in authorized body and (or) law enforcement and special state bodies of data on the drawn-up and (or) booked tickets (further – the Supplier) is determined by authorized body in the field of civil aviation according to the procedure, stipulated by the legislation about public-private partnership.

The amount of fee of the Supplier (further – the Payment) is determined by the Contract of public-private partnership between authorized body in the field of civil aviation and the Supplier, the order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of October 2, 2019 No. 750 "About approval of Rules of implementation of land servicing at the airports" (it is registered in the Register of state registration of regulatory legal acts for No. 19433) (further – Rules of land servicing), and terms of this agreement.

1.2. The supplier renders to the Customer of service of land servicing in provision in authorized body and (or) law enforcement and special state bodies of data on the drawn-up and (or) booked tickets (further - Services) according to article 24-2 of the Law of the Republic of Kazakhstan "About transport in the Republic of Kazakhstan" and the order of the acting minister on investments and development of the Republic of Kazakhstan of April 29, 2015 No. 527 "About approval of Rules of transfer of data on the drawn-up and (or) booked tickets in authorized state body and (or) law enforcement and special state bodies" (it is registered in the Register of state registration of regulatory legal acts for No. 12993) (further – Rules of transfer of data).

1.3. Services will be the Supplier in the form of provision to authorized body of information system of collection and data processing about air passengers (further - the Information system about air passengers) and provisions to the Customer of technical capabilities for data transmission about air passengers in the Information system about air passengers.

2. Rights and obligations of the Parties

2.1. The supplier shall:

1) to provide complete and proper execution of the undertaken obligations in accordance with the terms of the Agreement, with Rules of land servicing and Rules of transfer of data;

2) in case of provision of services to provide observance of the requirements for aviation safety established according to the legislation of the Republic of Kazakhstan on use of airspace of the Republic of Kazakhstan and activities of aircraft;

3) to provide Services on equal terms for all consumers of services;

4) in case of execution of the agreement obligations to provide compliance of Services to relevant requirements of the legislation of the Republic of Kazakhstan, international standards and recommended practice by International Civil Aviation Organization;

5) upon the demand of the Customer to provide information on course of execution of agreement obligations;

6) to provide observance of the requirements for personal data protection established according to the legislation of the Republic of Kazakhstan on personal data and their protection, and also the agreements ratified by the Republic of Kazakhstan.

2.2. The supplier has the right:

1) to obtain data on the number of the passengers arriving to the Republic of Kazakhstan or leaving the Republic of Kazakhstan on the international flights which are determined based on provided by airlines of flight sheets and information about transit and transfer passengers, and also children up to 2 (two) years (further – Statistical data) to the terms established by this Agreement. At the same time transfer passengers under this agreement are understood as the air passengers transported by the Customer and (or) other carrier with change in the Republic of Kazakhstan from one flight to another between whom period of time constitutes till 12 (twelve) o'clock (further Transfer passengers);

To receive 2) to Plath in the amount of and in the terms established by this Agreement;

3) to suspend rendering Services to the Customer who did not pay to Plath in the established size and at the scheduled time on the fault and/or allowed violation of the obligations connected with functioning of the Information system about air passengers;

4) to demand from the Customer of execution of the contractual commitments established by this Agreement;

5) to show notes to the Statistical data provided by the Customer on any of the following bases:

discrepancies between Statistical data and actual data about air passengers;

discrepancies between the Statistical data of reports and data transferred to the Information system about air passengers;

discrepancies between Statistical data and the amount of the Payment brought by the Customer.

2.3. The customer shall:

1) to perform collection as the Payment to the Supplier in the amount of and the terms established by this Agreement;

2) to perform collection of Statistical data concerning all serviced airlines or air passengers and to transfer such Statistical data to the Supplier to the terms established by this Agreement;

3) in case of detection of discrepancies of the Payment or Statistical data to the established requirements without delay to notify the Supplier in writing;

To compensate 4) to the Supplier in full documentary confirmed losses caused to him caused by inadequate accomplishment by the Customer of terms of this agreement, except as specified, when violation is caused by the reasons which are not depending on the Customer;

5) in case of presentation by the Supplier of notes to Statistical data to make corrections to them and to list to the Supplier additional fare if the revealed notes led to the fact that the amount of the brought Payment appeared less amount, the subject payment. The overpayment becomes engrossed in reading on account of repayment of payment obligations of the Customer for subsequent periods.

In case of disagreement of the Supplier with the Statistical data provided by the Customer, each party submits the documents confirming reports. If within one month the Supplier and the Customer do not approve Statistical data, then the discordant party has the right to take a legal action;

6) to provide observance of the requirements for personal data protection established according to the legislation of the Republic of Kazakhstan on personal data and their protection, and also the agreements ratified by the Republic of Kazakhstan.

2.4. The customer has the right:

1) to check service quality, rendered under this agreement;

2) to suspend accomplishment of the obligations in case of violation by the Supplier of the obligations under this agreement.

3. Amount of the Agreement and payment term

3.1. Rendering Services by the Supplier is performed on paid basis for a fee, calculated on the rates provided by this Chapter.

The amount of the Payment which is subject to collection and payment by the Customer Postavshchiku is calculated by the following formula:

Payment = (368, 56 tenges of x N) x R,

where:

Payment – the amount of the Payment for the accounting period, excluding VAT;

tenge – the Kazakhstani tenge, legal means of payment of the Republic of Kazakhstan;

N – the number of the air passengers arriving to the Republic of Kazakhstan or leaving the Republic of Kazakhstan on the international flights for the accounting period. Transit and Transfer passengers, and also children up to 2 (two) years are excluded from the number of passengers;

R = X/Y;

X – the amount of tenge, equal 1 US dollar on the exchange rate of National Bank of the Republic of Kazakhstan on sale date airline of the ticket;

Y – 368, 56 tenges.

1 (one) calendar month is considered the accounting period. The customer provides to the Supplier the information about the number of air passengers for the accounting period. The number of air passengers is determined based on the flight sheets provided by airlines, the information about transit and Transfer air passengers, and also children up to 2 (two) years.

3.2. For calculation of the amount of the Payment the Customer monthly submits to the Supplier reports with the Statistical data specifying the number of the air passengers transported by airline during month under report. The report is submitted within 10 (ten) calendar days after the termination of month under report.

Within 5 (five) calendar days after obtaining from the Customer of the report the Supplier makes out bill for the accounting period concerning the relevant airlines.

Based on supplier account the Customer within 10 (ten) working days after receipt of the account lists to the Supplier the corresponding Payment.

The airport does not bear responsibility in case of lack of the Payment from airlines.

3.3. In case of not transfer of the Payment to the Supplier in the time specified by the Contract for outstanding amount the penalty fee in the amount of 0,1 of % of outstanding amount daily, since the moment of maturity and before the date of receipt of the Payment by the Supplier is charged.

3.4. The customer with annual international passenger traffic has the right to hold less than 300 000 (three hundred thousand) people to 4% of the amount of the Payment.

The customer with annual international passenger traffic has the right to hold from 300 000 (three hundred thousand) to 1 million people to 3% of the Payment.

The customer with annual international passenger traffic has the right to hold over 1 (one) one million people to 2% of the Payment.

4. Effective period and conditions of agreement cancelation

4.1. The agreement becomes effective from the date of signing and is effective _________________.

4.2. The agreement can be terminated by agreement of the parties.

5. Notification

5.1. Any notification submitted by the Parties is sent by the registered mail with the assurance of receipt.

5.2. The notification becomes effective at the time of delivery or in the specified day in it day depending on what of these dates will come later.

6. Force majeure circumstances

6.1. The parties do not bear responsibility for non-execution of terms of the contract if it was result of force majeure.

6.2. For the purposes of the Agreement "force majeure" means circumstances extraordinary and impreventable under existing conditions (the spontaneous phenomena, military operations, epidemic, pandemic, etc.).

7. Solution of matters of argument and applicable law

7.1. The parties shall make all efforts for permission by direct negotiations all disagreements or disputes arising between them in connection with the Agreement.

7.2. Any disputes, disagreements, requirements and claims (contractual or non-contractual) arising from or in connection with the Agreement, including questions of its action, reality, execution, violations or the terminations, are permitted ____________ (as agreed by the parties).

7.3. This Agreement is regulated and interpreted according to the legislation of the Republic of Kazakhstan.

8. Other conditions

8.1. The agreement is constituted in duplicate in the Kazakh and Russian languages in one copy for each Party.

8.2. By agreement of the parties the Agreement can be added with other conditions which are not contradicting this Agreement and the legislation of the Republic of Kazakhstan.

8.3. In the part which is not settled by the Agreement, the Parties are guided by the legislation of the Republic of Kazakhstan.

8.4. This Agreement becomes effective from the date of its signing by both Parties and is effective during subsequent ___ years, and concerning agreement settlements before their final completion.

9. Legal addresses, bank details and signatures of the Parties

Customer: _________________________________

Supplier: _______________________________

 

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