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

of June 27, 2024 No. 141

About modification and amendments in the order of the Minister of ecology, geology and natural resources of the Republic of Kazakhstan of March 28, 2022 No. 91 "About approval of Rules of state regulation in the field of emissions and absorption of greenhouse gases"

I ORDER:

1. Bring in the order of the Minister of ecology, geology and natural resources of the Republic of Kazakhstan of March 28, 2022 No. 91 "About approval of Rules of state regulation in the field of emissions and absorption of greenhouse gases" (it is registered in the Register of state registration of regulatory legal acts for No. 27301) the following changes and amendments:

in Rules of state regulation in the field of emissions and absorption of the greenhouse gases approved by the specified order:

state Item 15 in the following edition:

"15. For the purpose of development of the National plan, the operator of system of trade in carbon units uses data on amount of the made products in two consecutive years preceding year of development of the National plan.";

state Item 16 in the following edition:

"16. The carbon quotas for installations distributed on the basis of application of benchmarks in the National plan for one year are calculated by multiplication of average value of amount of products in the years determined by the National plan on the corresponding benchmark and decrease in the received value for the corresponding percent of reducing carbon quota.";

Chapter 3 "Chapter 3." To add carbon quoting with Item 29-1 of the following content:

"29-1. If according to the inventory report of emissions of greenhouse gases for accounting year emissions of carbon dioxide of the quota installation constituted less than twenty thousand tons per year, the subject of quoting has the right to address to authorized body except for of the quota installation from carbon quoting.

For the purpose of exception of carbon quoting, the subject of quoting within 10 (ten) working days after filling of electronic report form about inventory count of emissions of greenhouse gases addresses to authorized body.

The operator of system considers the filled report form about inventory count of emissions of greenhouse gases of the corresponding installation in the terms specified in Item 6 of article 294 of the Code.

The operator of system notifies authorized body within 3 (three) working days from registration date of the inventory report of emissions of greenhouse gases in paper or electronic form.

The authorized body within 3 (three) working days sends adequate notices to the subject of quoting and the Operator of system with indication of the subject of quoting, the installation which is subject to exception of carbon quoting, unused amount of quotas, category of reserve of the National plan for transfer in it unused amount of quotas.

The unused amount of quotas of the specified installation is subject to transfer in reserve of the National plan according to the notification of authorized body.";

"31. For transfer of carbon quota the operator of system carbon units opens the account in the Register according to the Rules of forming and maintaining the state register of carbon units approved by the order of the Minister of ecology, geology and natural resources of the Republic of Kazakhstan of July 14, 2021 No. 251 (it is registered in the Register of state registration of regulatory legal acts for No. 23555).";

exclude Item 32;

state Item 33 in the following edition:

"33. The subject of quoting till April 15 of the first year of action of the National plan of carbon quotas fills and validirut electronic form of the plan of monitoring in the state carbon inventory. In case of not filling of electronic form of the plan of monitoring in the time of accounts of the subject of quoting established by part one of this Item in the state register of carbon units within 5 (five) working days is subject to blocking before execution of the specified requirements.";

state Item 34 in the following edition:

"34. The operator of system of trade in carbon units blocks the account of the subject of quoting within 5 (five) working days in the absence of the filled and validirovanny form of the plan of monitoring in the state carbon inventory after April 15 of the first year of action of the National plan, and also notifies authorized body on blocking of the account of the subject of quoting within 3 (three) working days after blocking.";

state Item 36 in the following edition:

"36. The operator of system of trade in carbon units within 15 (fifteen) working days from the moment of obtaining from the subject of quoting of the validirovanny plan of monitoring considers it on completeness and compliance to the Form of the plan of monitoring.";

state Item 37 in the following edition:

"37. In case of detection of incompleteness and (or) discrepancy of the plan of monitoring in the Form of the Plan of monitoring, the operator of system of trade in carbon units within 1 (one) working day sends it to completion and within 3 (three) working days after completion of consideration of all plans of monitoring, notifies authorized body on blocking of the account of the subject of quoting before submission of the modifed plan of monitoring.

After provision by the subject of quoting of the modifed plan of monitoring the operator of system of trade in carbon units within 1 (one) working day notifies authorized body on unblocking of the account of the subject of quoting";

state Item 38 in the following edition:

"38. Issue of quotas for the new quota installation from reserve of the National plan is performed for year of its introduction in operation. From next accounting year the new quota installation is subject to inclusion in category of the quota installations.";

state Item 40 in the following edition:

"40. In the absence of the corresponding benchmarks in the List, the subject of quoting gives to authorized body the predicted amount of emissions of greenhouse gases for distribution of quota for new installation. The forecast of emissions is based on the data on activities of installation confirmed in project documents of new installation and calculated by application of the formulas specified in Methods of calculation of emissions and absorption of the greenhouse gases approved by the order of the Minister of Ecology and Natural Resources of the Republic of Kazakhstan of January 17, 2023 No. 9 (it is registered in the Register of state registration of regulatory legal acts for No. 31735) (further – Methods of calculation of emissions and absorption of greenhouse gases).";

state Item 43 in the following edition:

"43. The subject of quoting within 10 (ten) working days finishes form of the plan of monitoring, fills and validirut it in the state carbon inventory and represents to authorized body. The authorized body considers documents in the terms specified in Item 42 of these rules.";

state Item 46 in the following edition:

"46. Issue of quotas to the quota subject of administration is performed on the basis of benchmarks.

The quota subject of administration in the validirovanny plan of monitoring calculates amount of required quota for the accounting period following after year of submission of the verified report confirming exceeding of twenty thousand tons of carbon dioxide, and other accounting periods of action of the National plan by multiplication of amount of the planned production during action of the National plan for benchmark according to the List.";

state Item 48 in the following edition:

"48. For receipt of carbon quota the quota subject of administration within 3 (three) months after submission of the verified report according to which emissions of the corresponding installation exceed twenty thousand tons of carbon dioxide a year submits the validirovanny plan of monitoring, calculations of required quota for every year of the period of action of the National plan, the Statement to authorized body.";

state Item 52 in the following edition:

"52. Issue of quotas for earlier not considered quota installation revealed in year of development or during action of the corresponding National plan from reserve of the National plan is performed for the accounting period according to the submitted verified report, confirmatory that emissions of installation exceed twenty thousand tons of carbon dioxide and the accounting period following it according to calculations of the validirovanny plan of monitoring of installation.

On other accounting periods of the corresponding National plan, this installation is subject to inclusion in category of the quota installations.

The operator of the revealed quota installation in the validirovanny plan of monitoring calculates amount of required quota for the accounting period following after year of submission of the verified report confirming exceeding of twenty thousand tons of carbon dioxide and other accounting periods of action of the National plan by multiplication of amount of the planned production during action of the National plan for benchmark according to the List.";

state Item 54 in the following edition:

"54. For receipt of carbon quota the operator of the revealed quota installation within 3 (three) months after submission of the verified report according to which emissions of the corresponding installation exceed twenty thousand tons of carbon dioxide a year submits the validirovanny plan of monitoring, calculations of required quota for every year of the period of action of the National plan, the Statement to authorized body.";

state Item 58 in the following edition:

"58. According to Item 1 of Article 293 of the Code, the subject of quoting develops the plan of monitoring, obligatory for execution, for action of the National plan, fills and validirut form of the plan of monitoring in the state carbon inventory.";

state Item 61 in the following edition:

"61. The subject of quoting makes changes to the plan of monitoring in the following cases:

1) change of method (equation) or parameters of calculation of emissions from any activities (source);

2) addition of new activities (sources) which monitoring differs from the validirovanny plan of monitoring;

3) addition of fuel which monitoring (data and coefficients) are not reflected in the validirovanny plan of monitoring.

In case of addition of new type of fuel which occupies less than one percent from overall balance of fuel changes are not made to the plan of monitoring;

4) the data obtained as a result of earlier applied monitoring methodology were acknowledged incorrect as authorized body;

5) implementation of the new procedures connected with selection and the analysis of tests or calibration of measuring devices if change of these procedures exerts direct impact on the accuracy of data on emissions;

6) revocation of license of body, validirovavshy previous plan of monitoring;

7) improvement of accuracy of reporting data of the subject of quoting or in response to the conclusion of body for validation.";

state Item 62 in the following edition:

"62. The operator of system of trade in carbon units considers changes in the plan of monitoring within 15 (fifteen) calendar days from the date of submission of the plan of monitoring with the changes made to it.";

state Item 68 in the following edition:

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