ORDER OF THE MINISTER OF TRANSPORT OF THE REPUBLIC OF KAZAKHSTAN

of July 3, 2024 No. 229

About modification and amendments in the order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of March 30, 2019 No. 171 "About approval of rules of forming of rates"

I ORDER:

1. Bring in the order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of March 30, 2019 No. 171 "About approval of rules of forming of rates" (it is registered in the Register of state registration of regulatory legal acts for No. 18470) the following changes and amendments:

state preamble in the following edition:

"According to the subitem 5) of article 8 of the Law of the Republic of Kazakhstan "About natural monopolies" I ORDER:";

in Rules of forming of the rates approved by the specified order:

state Items 1 and 2 in the following edition:

"1. Rules of forming of rates (further – Rules) are developed according to the subitem 5) of article 8 of the Law of the Republic of Kazakhstan "About natural monopolies" (further – the Law) and determine procedure for forming of rates for regulated services of subjects of natural monopoly in the field of services of the airports and air navigation.

2. These rules determine:

1) the mechanism of calculation of rate taking into account methods of tariff regulation of spheres of natural monopolies including the costly, stimulating methods and method of indexation;

2) approval procedure of the temporary compensating rate;

3) rate approval procedure in the simplified procedure;

4) approval procedure of investing program and its change;

5) procedure for determination of rate based on the signed agreement of public-private partnership, including the agreement of concession;

6) approval procedure of temporary decreasing coefficient;

7) procedure for conducting separate accounting of the income, costs and the involved assets by each type of regulated services and in general on the activities which are not relating to regulated services;

8) procedure for change of the authorized body of rate approved by department before the expiration of its effective period;

9) the list of the costs considered and not considered in rate, procedure for restriction of the sizes of the costs considered in rate;

10) procedure for indexation of rate;

11) procedure for determination of admissible profit level of the subject of natural monopoly;

12) procedure for differentiation of rate;

13) forms of projects of rate, the tariff estimate, investing program, performance reports of the approved tariff estimate, of execution of the approved investing program according to appendices 2, 4, 5, 6, 7 and 8 to these rules.";

in Item 3:

18) to state the subitem in the following edition:

"18) regulated services of the subject of public-private partnership, including the subject of concession – the services provided by the subject of public-private partnership, including the subject of concession in the field of natural monopoly and which are subject to state regulation of authorized body by department including cases of provision of services in the form of transfer of certain goods to the consumer;";

add with subitems 58-1) and 58-2) of the following content:

"58-1) authorized body – the state body performing management in spheres of natural monopolies in the field of services of the airports and air navigation;

58-2) department of authorized body – department of the state body performing management in spheres of natural monopolies in the field of services of the airports and air navigation;";

state Item 5 in the following edition:

"5. The rate affirms department of authorized body by determination of economically reasonable costs and profit for a period of five and more years, except for the rate approved in the simplified procedure for the subjects of the natural monopolies created for the first time, rendering new regulated service (new regulated services) or acquiring (building) new objects and (or) sites if the applicable fare is approved separately on objects and (or) sites for which the rate affirms for the term of no more than one year.";

add with Items 5-1, 5-2, 5-3, 5-4, 5-5, 5-6 and 5-7 of the following content:

"5-1. For approval of rate by department of authorized body the subject of natural monopoly provides the request electronically through the web portal "Monopolist Base.

5-2. Department of authorized body considers the request no more than 90 (ninety) working days from the date of its representation, in case of approval of rate for the long-term period and no more than 30 (thirty) calendar days, in case of approval of rate according to Item 5 of article 20 of the Law in time.

5-3. For change of the approved tariff estimate without increase in rate the subject of natural monopoly files in department of authorized body petition for change of the approved tariff estimate without increase in rate electronically through the web portal "Monopolist Base till November 1 of the current calendar year.

5-4. Without increase in rate are enclosed the draft of the tariff estimate taking into account changes without increase in rate to the application for change of the approved tariff estimate and the materials proving and confirming need of modification (the copy of agreements, acts of the executed works / приемов-передачи, delivery notes, invoices, the item-by-item list of fixed assets and intangible assets with indication of book and residual cost, service life, annual depreciation, calculations).

The statement for change of the approved tariff estimate without increase in rate, and also the calculations and the proving materials attached to it are prepared and move in department of authorized body the subject of natural monopoly separately on each type of regulated services.

5-5. Department of authorized body considers the application for change of the approved tariff estimate without increase in rate no more than 30 (thirty) calendar days from the date of its representation in time.

5-6. Department of authorized body refuses change of the approved tariff estimate if such change leads to increase in rate of the subject of natural monopoly.

5-7. Department of authorized body makes changes to the tariff estimate and rate towards its decrease in case of modification of investing program towards reduction of its amount.";

39, of 40, 41 and 42 to state Items in the following edition:

"39. At the fourth stage costly part of rate is determined.

Expenses of airfield service are distributed between two activities – content of landing strip and content of the parking for aircrafts – in proportion to the area.

Costly part of rate for service in ensuring take off and landing of the aircraft is determined by division of costs for rendering this service into natural amount of service.

Costs on rendering this service are expense amount:

the main structural divisions – airfield service on activity content of landing strip, ESTOP on activity lighting providing landing strip, SPASPO, DSA, except for expenses which are subject to distribution;

expenses of the auxiliary services distributed on the specified main services;

the expenses of the period carried on this service.

Costly part of rate for service in ensuring aviation safety is determined by division of costs for rendering this service into natural amount of service.

Costs on rendering this service are expense amount:

the main structural divisions of SAB, DS, except for the expenses connected with examination and providing with omissions employees and vehicles of the third parties passing in zone of limited access in case of rendering additional aviation services by the subject of natural monopolies;

expenses of the auxiliary services distributed on the specified main services;

the expenses of the period carried on this service.

Determination of costly part on services in provision of the parking lot to the aircraft and provision of the parking lot to the aircraft on depot aerodrome:

the expenses of airfield service created on activity content of the parking for aircrafts are distributed between two services – on provision of the parking lot to the aircraft in airfield within 3 hours after landing for passenger and 6 hours for the cargo and passenger-and-freight certified types of aircrafts in the presence of the loads (mail) which are subject to processing (loading and (or) unloading) at the airport of landing and to provision of the parking lot to the aircraft on depot aerodrome is pro rata to natural amount of these services;

expenses of the auxiliary services distributed on the specified main services;

the expenses of the period carried on these services.

40. The rate using the stimulating method of tariff regulation affirms department of authorized body for a period of five and more years taking into account indicators of quality and reliability of regulated services and performance indicators of activities of subjects of natural monopolies.

41. The list of subjects of natural monopolies in the field of services of air navigation and the airports, rates to which affirm using the stimulating method of tariff regulation affirms department of authorized body. Offers on inclusion in the list of subjects of natural monopolies in the field of services of air navigation and the airports, rates to which affirm using the stimulating method of tariff regulation can be introduced to department of authorized body by Council for tariff policy.

42. The subject of natural monopoly provides to department of authorized body the request for approval of rate using the stimulating method of tariff regulation after effective period of the approved rate, except as specified approvals of rates using the stimulating method of tariff regulation for subjects of natural monopolies which list is determined by department of authorized body.";

5) of Item 45 to state the subitem in the following edition:

"5) determination of profit taking into account return of the invested capital and rates of return of the invested capital, and also book value of the assets of the subject of natural monopoly involved by provision of regulated service, and rate of the profit calculated by the method determined by department of authorized body;";

state Item 53 in the following edition:

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info