ORDER OF THE MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of February 12, 2015 No. 76

About approval of Rules of realization of project mechanisms in the field of regulation of emissions and absorption of greenhouse gases

List of amending documents

According to the subitem 29) of article 17 of the Ecological code of the Republic of Kazakhstan of January 9, 2007, I ORDER:

1. Approve the enclosed Rules of realization of project mechanisms in the field of regulation of emissions and absorption of greenhouse gases.

2. To provide to department on climate change of the Department of Energy of the Republic of Kazakhstan:

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

2) the direction on official publication of this order within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan in periodic printing editions and in information system of law of Ad_let;

3) placement of this order on Internet resource of the Department of Energy of the Republic of Kazakhstan and on the intranet portal of state bodies;

4) 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 Department of Energy of the Republic of Kazakhstan of data on execution of the actions provided by subitems 2) and 3) of this Item.

3. To impose control of execution of this order on the supervising vice-Minister of Energy of the Republic of Kazakhstan.

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

Approved by the Order of the Minister of Energy of the Republic of Kazakhstan of February 12, 2015 No. 76

Rules of realization of project mechanisms in the field of regulation of emissions and absorption of greenhouse gases

1. General provisions

1. These rules of realization of project mechanisms in the field of regulation of emissions and absorption of greenhouse gases (further - Rules) are developed according to the subitem 29) of article 17 of the Ecological Code of the Republic of Kazakhstan (further - the Code) and determine procedure for realization of project mechanisms in the field of regulation of emissions and absorption of greenhouse gases.

2. In these rules the following concepts are used:

1) the basic scenario – the scenario reflecting the level of emissions of greenhouse gases or level of absorption of greenhouse gases in case of lack of the offered internal project in comparison with which the reached amount of emission reduction and (or) absorption of greenhouse gases is estimated;

2) the project period – the term during which release of project carbon units on the basis of periodic confirmation and approval of project deliverables is made or can be made;

3) project carbon units - units of internal emission reduction, emission reduction unit, unit of certified emission reduction;

4) the project mechanism - consecutive process of development and the projects implementation directed to emission reduction and (or) increase in absorption of greenhouse gases according to the procedure and criteria established by the Kyoto protocol to the Framework convention of the United Nations on climate change and (or) the ecological legislation of the Republic of Kazakhstan;

5) basic level of absorption of greenhouse gases - the size of the absorption of greenhouse gases for certain period under existing conditions operation without project implementation directed to increase in absorption of greenhouse gases expressed in carbon dioxide equivalent tons;

6) increase in absorption of greenhouse gases - settlement increase in absorption of greenhouse gases in relation to the basic scenario;

7) emission reduction of greenhouse gases - settlement decrease in emissions of greenhouse gases in relation to the basic scenario;

8) basic level of emissions of greenhouse gases - the size of emissions of the greenhouse gases made by subject to emissions of these gases for certain period on condition of use of the technologies existing on this object, the equipment and under other most probable conditions which can take place without project implementation directed to emission reduction of greenhouse gases expressed in carbon dioxide equivalent tons;

9) track of I - method of implementation of projects on the mechanism of joint implementation which allows the country on condition of compliance to the requirements established by the Kyoto protocol to the Framework convention of the United Nations on climate change (further - the Kyoto protocol), to verify these projects and to introduce the corresponding quantity of emission reduction units into circulation;

10) track of II - method of implementation of projects on the mechanism of joint implementation within which these projects undergo the procedure of verification under the supervision of the authorized international body;

11) the subject of administration - the operator of installation which amount of emissions of greenhouse gases makes from ten to twenty thousand carbon dioxide equivalent tons a year, in the following regulated fields of activity: oil and gas, electrical power, mining, metallurgical, chemical, processing regarding production of building materials: cement, lime, gypsum and brick.

2. Procedure for realization of project mechanisms in the field of regulation of emissions and absorption of greenhouse gases

3. Realization of activities in the Republic of Kazakhstan on the basis of project mechanisms in the field of regulation of emissions and absorption of greenhouse gases is performed by their participants on voluntary basis and is not the basis for its financing from the government budget.

4. Project mechanisms in the field of regulation of emissions and absorption of greenhouse gases are divided in the Republic of Kazakhstan into the following types:

1) mechanism of internal emission reduction;

2) mechanism of joint implementation;

3) clean development mechanism.

5. The project mechanism of internal emission reduction of greenhouse gases is implemented by his participants on the basis of provisions of article 94-10 of the Code.

6. Projects on mechanisms of joint implementation are implemented in the territory of the republic only after passing by the Republic of Kazakhstan of procedures for determination of the assigned amount provided within the Kyoto protocol, and submission of the relevant data in the international register of transactions.

7. Project mechanisms of joint implementation, net development are implemented on the basis of provisions of Articles 6, 12 Kyoto protocols.

8. Projects on the clean development mechanism are performed by participants from the Republic of Kazakhstan in the territory of other states which were ratifying the Kyoto protocol and not logging into application I of the Framework convention of the United Nations on climate change (further - the Convention).

9. For projects by track of I and on track of II and the clean development mechanism of the procedure are determined by mechanisms of joint implementation within the Convention.

10. For realization in the territory of the Republic of Kazakhstan of projects on the mechanism of joint implementation on track of I the following conditions are satisfied:

1) creation of national system for assessment of anthropogenic emissions from sources and absorption by absorbers of greenhouse gases;

2) carrying out inventory count and preparation of the state inventory of sources of emissions and absorption of greenhouse gases that allows to estimate on permanent basis the state of affairs with emissions and absorption of greenhouse gases over the country;

3) submission to the secretariat of the Convention of the annual report on the state inventory of sources of emissions and absorption of greenhouse gases, and also information on assigned amount for the Republic of Kazakhstan, correctly calculated additions to it and deductions from it.

11. In case of decision making about projects implementation on the terms of the project mechanisms specified in subitems 2) and 3) of item 4 of these rules, authorized body in the field of environmental protection (further - authorized body) their preliminary selection on compliance to the certain international criteria established within the Kyoto protocol is made.

12. Project mechanisms are not performed on the installations and production facilities falling under requirements for quoting of emissions of greenhouse gases and the quotas for emissions of greenhouse gases included in the national plan of distribution.

13. For the purpose of exception of the double entry accounting of emission reductions of greenhouse gases on each separate installation more than one project mechanism, directed to decrease in emissions of greenhouse gases or increase in absorption of greenhouse gases are not performed at the same time.

14. The decision on recognition of project implementation on the terms of one of project mechanisms in the field of regulation of emissions and absorption of greenhouse gases is accepted by authorized body on condition of project compliance to the requirements established by the Kyoto protocol and (or) the ecological legislation of the Republic of Kazakhstan.

15. Realization of project mechanisms in the field of regulation of emissions and absorption of greenhouse gases is performed on the basis of the project documentation and the plan of monitoring which preparation is performed by the applicant of the project.

16. For the purpose of preliminary selection of projects on compliance to requirements for separate types of project mechanisms, the short project description (the project idea) according to the procedure, stipulated in Item 3 articles 94-10 of the Code is provided previously.

17. The authorized body appoints the subordinated organization performing accounting and consideration of reports on project mechanisms.

18. The form of the project documentation on the mechanism of joint implementation on track of I and to projects on the clean development mechanism and joint implementation on track of II is applied to projects according to the requirements established within the Kyoto protocol.

19. In the cases provided by these rules by the corresponding type of the project mechanism validation of the project documentation and plan of monitoring by accredited body for validation and verification is carried out.

20. Monitoring of emission reduction and (or) increase in absorption of greenhouse gases of the basic scenario which is rather determined in the project offer is performed on the basis of the plan of monitoring of the project.

21. In case of submission of the reporting under results of project implementation in authorized body the applicant of the project provides information on any essential variations from the approved plan of monitoring according to requirements of these rules for the corresponding project mechanism.

22. For carrying out monitoring on project clean development mechanisms and joint implementation the techniques determined for application within the Convention are used.

23. For calculations of basic levels and the actual emissions and absorption of greenhouse gases as a result of projects implementation on project mechanisms the following coefficients of emissions of greenhouse gases and other coefficients are used:

1) applied to similar projects on mechanisms of joint implementation and net development;

2) approved by authorized body.

24. Requirements for the reporting by results of projects implementation under clean development mechanisms and joint implementation are determined by track of II within the Kyoto protocol.

25. Requirements for the period of release of carbon units for the project, registration and frequency of provision of reports by results of projects implementation on the mechanism of joint implementation on track of I are established by these rules on the corresponding project mechanism.

26. The results on emission reduction of greenhouse gases or increase in their absorption declared in periodic reports in case of the projects realized in the territory of the Republic of Kazakhstan are subject to verification.

27. Verification on projects on mechanisms of joint implementation on track of I is performed by accredited bodies on validation and verification.

28. Reports on realization in the territory of the Republic of Kazakhstan of projects on the mechanism of joint implementation on track of I are submitted for approval of authorized body.

29. Release of project carbon units is made on the basis of periodic assessment of results of the project implementation enabled within the period of release of carbon units established for it on the project.

30. The operator of the state register of carbon units of the Republic of Kazakhstan introduces into circulation project carbon units on the mechanism of joint implementation.

31. By results of projects implementation on the mechanism of joint implementation emission reduction units are entered.

32. The basis for issuance of project carbon units by the operator of the state register of carbon units of the Republic of Kazakhstan is the report on project implementation approved by authorized body or receipt of the corresponding request from the international register of transactions.

33. Issuance of emission reduction units on the request received from the international register of transactions is made in case of project implementation of joint implementation on track of II.

34. Issuance of project carbon units is made by means of their placement on the account of the investor or operator of the project in the state register of carbon units of the Republic of Kazakhstan in volume of emission reduction of greenhouse gases or increase in absorption according to the report on project implementation approved by authorized body.

35. Transfer of project carbon units to the investor of the project who is not resident of the Republic of Kazakhstan is made on its account in the state register of carbon units of the Republic of Kazakhstan.

Chapter 3. Procedure for participation of subjects of administration in realization of project mechanisms in the field of regulation of emissions and absorption of greenhouse gases

36. Subjects of administration participate in projects on mechanisms of joint implementation, net development only after passing by the Republic of Kazakhstan of the international procedures for determination of assigned amount according to the Framework Convention of the United Nations on climate change ratified by the Presidential decree of the Republic of Kazakhstan of May 4, 1995 No. 2260, and submissions of the relevant data on the country in the international register of transactions.

37. Subjects of administration participate in quality of the applicant of the project directed to emission reduction and absorption of greenhouse gases.

38. The authorized body on the basis of the inventory report of greenhouse gases submitted by the subject of administration determines compliance of the subject of administration to requirements for quoting of emissions of greenhouse gases according to article 94-2 of the Code. If the amount of emissions of greenhouse gases exceeds equivalent of twenty thousand tons of carbon dioxide a year, the subject of administration submits documents for registration of quota for emissions of greenhouse gases on the corresponding installation (installations) in authorized body, the Rules of issue, change and repayment of quotas for emissions of greenhouse gases approved by the order of the Minister of Energy of the Republic of Kazakhstan of June 28, 2016 No. 292 according to the procedure established (it is registered in the Register of state registration of regulatory legal acts No. 14012), since current year.

39. Projects of internal emission reduction of greenhouse gases are not performed by physical persons and legal entities in the territory of the Republic of Kazakhstan concerning installation (installations) which falls under requirements for quoting of emissions of greenhouse gases.

 

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