I.O.'S ORDER OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of July 24, 2015 No. 567

About modification and amendments in some orders of the Minister of national economy of the Republic of Kazakhstan of natural monopolies and the controlled markets

List of amending documents

 According to the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies and the controlled markets", I ORDER:

1. Approve the list of some orders of the Ministry of national economy of the Republic of Kazakhstan to which changes and additions, according to appendix to this order are made.

2. To provide to committee on regulation of natural monopolies and protection of the competition of the Ministry of national economy 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) within ten calendar days after state registration of this order the direction it on official publication in periodic printing editions and in information system of law of Ad_let;

3) placement of this order on Internet resource of the Ministry of national economy of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising vice-minister of national economy of the Republic of Kazakhstan.

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

It is approved Acting minister of agricultural industry of the Republic of Kazakhstan July 31, 2015

______________ S. Omarov

It is approved The acting minister on investments and development of the Republic of Kazakhstan July 29, 2015

_______________ A. Rau

It is approved Acting minister of power industry of the Republic of Kazakhstan July 27, 2015

_____________ U. Karabalin

Appendix

to the Order of the acting minister of national economy of the Republic of Kazakhstan on July 24, 2015 No. 567

The list of some orders of the Minister of national economy of the Republic of Kazakhstan to which changes and additions are made

1) of December 18, 2014 No. 150 "About approval of Rules of carrying out the annual activities report of the subject of natural monopoly on provision of regulated services (goods, works) before consumers and other interested persons" (No. registered in the Register of state registration of regulatory legal acts of January 21, 2015 10110, published in the Information system of law of Ad_let on February 12, 2015) to make the following changes and additions to the order of the Minister of national economy of the Republic of Kazakhstan: in Rules of carrying out the annual activities report of the subject of natural monopoly on provision of regulated services (goods, works) before consumers and other interested persons approved by the specified order:

state Item 1 in the following edition:

"1. These rules are developed according to the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies and the controlled markets" and establish procedure for carrying out subjects of natural monopolies of the annual activities report of the subject of natural monopoly on provision of regulated services (goods, works) before consumers and other interested persons.

These Rules do not extend to subjects of natural monopolies of low power.";

state Item 8 in the following edition:

"8. After the publication of the announcement of the forthcoming carrying out hearing according to the annual report, the subject of natural monopoly in five working days prior to carrying out hearing according to the annual report places on the Internet resource information specified in Item 13 of Rules and also reasons on each of subitems of Item 13 of Rules.";

state Item 13 in the following edition:

"13. The performance of the subject of natural monopoly contains the following information:

1) about execution of the investing programs and (or) investment projects including approved by department of authorized body;

2) about the main financial and economic indicators of activities of the subject of natural monopoly for the accounting period;

3) about amounts of the provided regulated services (goods, works) for the accounting period;

4) about the carried-out work with consumers of regulated services (goods, works);

5) about itemized execution by the approved department of authorized body of the tariff estimate for the accounting period;

6) about activities perspectives (development plans), including possible changes of rates for regulated services (goods of work).

The report of the subject of natural monopoly contains reasons according to information provided by subitems of 1)-6) of this Item of Rules.

In the performance the subject of natural monopoly makes detailed explanation about quality of provision of regulated services (goods, works) to consumers.

On behalf of the subject of natural monopoly reporting to consumers and other interested persons the first head, or person to who fulfillment of duties of the first head is assigned acts.";

state Item 20 in the following edition:

"20. The protocol of hearing is stored within three years (for action of limit of rate) from the date of carrying out hearing in archive of the subject of natural monopoly who was carrying out hearing.";

add with Item of 21 following contents:

"21. The subject of natural monopoly, no later than five calendar days from the moment of carrying out the report before consumers and other interested persons, places in mass media and on the Internet resource or on Internet resource of department of authorized body the annual activities report on provision of regulated services (goods, works) with reasons.

If the subject of natural monopoly directs the activities report with reasons for placement on Internet resource of department of authorized body, the annual report is placed on Internet resource department of authorized body within five working days from the moment of its receipt.";

2) ceased to be valid according to the Order of the Minister of national economy of the Republic of Kazakhstan of 01.02.2017 No. 36

3) in the order of the Minister of national economy of the Republic of Kazakhstan of December 29, 2014 No. 175 "About approval of Rules of provision of equal conditions of access to regulated services (goods, works) in the field of natural monopolies", (registered in the Register of state registration of regulatory legal acts for No. 10705, published in the Information system of law of Ad_let on April 27, 2015) to make the following addition:

in Rules of provision of equal conditions of access to regulated services (goods, works) in the field of natural monopolies, approved by the specified order:

add with Item 7-1 of the following content:

"7-1. Payment by consumers for rendering services is made on the rates approved by department of authorized body, except for services in issue and renewal of specifications on connection of objects to electric utility power grids, heat supply, gas supply, and also water supply and water disposal, the payment for which is not levied.";

4) in the order of the Minister of national economy of the Republic of Kazakhstan of December 29, 2014 No. 176 "About approval of Rules of the simplified state regulation of activities of subjects of natural monopolies of low power" (registered in the Register of state registration of regulatory legal acts for No. 10512 of March 19, 2015 published in the Information system of law of Ad_let on April 1, 2015):

The rules of the simplified state regulation of activities of subjects of natural monopolies of low power approved by the specified order to be reworded as follows according to appendix 2 to this order;

5) of December 30, 2014 No. 186 "About approval of the list of regulated services (goods, works) of subjects of natural monopolies" (registered in the Register of state registration of regulatory legal acts for No. 10469, published in the Information system of law of Ad_let on March 31, 2015) to make the following changes to the order of the Minister of national economy of the Republic of Kazakhstan:

in the List of regulated services (goods, works) of subjects of natural monopolies approved by the specified order:

state Items 1 and 2 in the following edition:

"1. In the field of oil transportation and (or) oil products on bulk distribution lines, except for their transportations for the purpose of transit through the territory of the Republic of Kazakhstan and export out of limits of the Republic of Kazakhstan:

oil transportation service on bulk distribution lines:

operator activities for single routing;

transfer of oil on system of the bulk distribution line;

discharge of oil from cistern cars;

filling oil in cistern cars;

filling oil in the tanker;

discharge of oil from truck tanks;

filling oil in truck tanks;

oil storage;

oil transfer;

oil mixing.

2. In the field of storage, transportation of commodity gas on connecting, trunk gas pipelines and (or) gas-distribution systems, operation of group reservoir installations, and also transportation of sour gas through connecting gas pipelines, except for transportations of commodity gas for the purpose of transit through the territory of the Republic of Kazakhstan and export out of limits of the Republic of Kazakhstan:

transportation of commodity gas through connecting gas pipelines;

transportation of commodity gas on trunk gas pipelines;

transportation of commodity gas on gas-distribution systems for consumers of the Republic of Kazakhstan;

transportation of the liquefied gas through gas pipelines from group reservoir installation to the crane on input of the consumer;

storage of commodity gas;

transportation of sour gas through connecting gas pipelines;

heat energy, except for the heat energy developed with use of heat of soil, ground waters, the rivers, reservoirs, exhaust water of industrial enterprises and power plants, sewer treatment facilities: production of heat energy; transfer and distribution of heat energy; supply with heat energy; production, transfer and distribution of heat energy;

production, transfer, distribution and (or) supply with heat energy.";

state Items 8 and 9 in the following edition:

"8. In the field of provision of services of railway tracks with objects of rail transport under agreements of concession in the absence of competitive railway track:

provision in use of railway tracks with objects of rail transport under agreements of concession on condition of lack of competitive railway track.

9. In the field of sidings in the absence of competitive siding:

provision of siding for journey of railway vehicles on condition of lack of competitive siding;

provision of siding for shunting works, loading unloading, other technological transactions of transportation process, and also for the parking of railway vehicles, unforeseen technological transactions of transportation process on condition of lack of competitive siding.";

state Item 11 in the following edition:

"11. In the field of ports, the airports:

services of seaport:

services for calling of the vessel seaport for production of cargo operations and/or other purposes with the subsequent exit from port (vessel call);

services of the airports:

ensuring take off and landing of the aircraft, except for servicing of the air transportation performing transit flights through airspace of the Republic of Kazakhstan with implementation of technical landings at the airports of the Republic of Kazakhstan in non-commercial purposes;

ensuring aviation safety, except for servicing of the air transportation performing transit flights through airspace of the Republic of Kazakhstan with implementation of technical landings at the airports of the Republic of Kazakhstan in non-commercial purposes;

provision of the parking lot to the aircraft over three hours after landing for passenger and six 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, except for servicing of the air transportation performing transit flights through airspace of the Republic of Kazakhstan with implementation of technical landings at the airports of the Republic of Kazakhstan in non-commercial purposes;

provision of the parking lot to the aircraft on depot aerodrome.";

exclude Item 12;

exclude Item 15;

6) of December 30, 2014 No. 194 "About approval of Rules of approval of investing program (project) of subject of natural monopoly and its adjustment" (No. registered in the Ministry of Justice of the Republic of Kazakhstan of March 17, 2015 10459, in the Information system of law of Ad_let of April 3, 2015) to make the following changes to the order of the Minister of national economy of the Republic of Kazakhstan:

state heading in the following edition:

"About approval of Rules of approval of investing programs (projects) of subject of natural monopoly, their adjustment, and also carrying out information analysis about their execution";

state Item 1 in the following edition:

"1. Approve the enclosed Rules of approval of investing programs (projects) of the subject of natural monopoly, their adjustment, and also carrying out information analysis about their execution.";

The rules of approval of investing programs (projects) of the subject of natural monopoly, their adjustment, and also carrying out information analysis about their execution approved by the specified order to be reworded as follows according to appendix 3 to this order.

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