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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of June 15, 2017 No. 370

About approval of Rules for apportionment of quotas for emissions of greenhouse gases and forming of reserves of assigned amount and amount of quotas of the National plan of distribution of quotas for emissions of greenhouse gases

According to the subitem 9) of article 16 of the Ecological code of the Republic of Kazakhstan of January 9, 2007 the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules for apportionment of quotas for emissions of greenhouse gases and forming of reserves of assigned amount and amount of quotas of the National plan of distribution of quotas for emissions of greenhouse gases (further – Rules).

2. Recognize invalid some decisions of the Government of the Republic of Kazakhstan according to appendix to this resolution.

3. This resolution becomes effective after ten calendar days after day of its first official publication, except for subitems 2) and 3) of Item 14, of Items 17, of 18, of 19, of 20, of 21 Rules which become effective since January 1, 2018.

Prime Minister of the Republic of Kazakhstan

B. Sagintayev

Approved by the Order of the Government of the Republic of Kazakhstan of June 15, 2017 No. 370

Rules for apportionment of quotas for emissions of greenhouse gases and forming of reserves of assigned amount and amount of quotas of the National plan of distribution of quotas for emissions of greenhouse gases

Chapter 1. General provisions

1. These rules of distribution of quotas for emissions of greenhouse gases and forming of reserves of assigned amount and amount of quotas of the National plan of distribution of quotas for emissions of greenhouse gases (further – Rules) are developed according to the subitem 9) of article 16 of the Ecological code of the Republic of Kazakhstan of January 9, 2007 (further – the Code) and determine procedure for distribution of quotas for emissions of greenhouse gases and forming of reserves of assigned amount and amount of quotas of the National plan of distribution of quotas for emissions of greenhouse gases (further – the National plan).

2. In the National plan are established the total amount of quotas for emissions of greenhouse gases on regulated fields of activity and the list of installations with the amounts of quotas for emissions of greenhouse gases distributed for them.

3. In these rules the following concepts are used:

1) assigned amount – the total amount of emissions of greenhouse gases taking into account absorption of the greenhouse gases determined within obligations by international treaties of the Republic of Kazakhstan;

2) specific coefficient of emissions of greenhouse gases – indicator of ratio of emissions of greenhouse gases per unit of products;

3) the basic line – amount of emissions of the greenhouse gases made for the established period;

4) the total amount of quotas for emissions of greenhouse gases – the size established in the National plan, calculated according to obligations on restriction and (or) emission reduction of greenhouse gases, distributed in the following regulated fields of activity: oil and gas, electrical power, mining, metallurgical, chemical, processing regarding production of building materials: cement, lime, plaster and brick.

4. Distribution of quotas for emissions of greenhouse gases is performed for the purpose of ensuring accomplishment of obligations on restriction and (or) emission reduction of greenhouse gases.

Chapter 2. Procedure for distribution of quotas for emissions of greenhouse gases

5. Distribution of quotas for emissions of greenhouse gases on installations is performed on the basis of application of the basic line or specific coefficients of emissions of greenhouse gases taking into account obligations on restriction and (or) emission reduction of greenhouse gases.

6. For the purpose of distribution of quotas for emissions of greenhouse gases for the National plan for the corresponding period the operator of installation addresses to authorized body in the field of environmental protection (further – authorized body) no later than August 1 of the year preceding enforcement of the National plan with indication of method of distribution of quotas for emissions of greenhouse gases for each installation which is subject to quoting.

In case of not appeal of operator of installation to the term established in paragraph one of this Item, distribution of quotas for emissions of greenhouse gases is performed on the basis of application of specific coefficients of emissions of greenhouse gases.

In the absence of specific coefficients of emissions of greenhouse gases in the list of specific coefficients of emissions of greenhouse gases approved by authorized body (further – the list), distribution of quotas for emissions of greenhouse gases is performed on the basis of application of the basic line.

7. The quotas for installations distributed on the basis of application of the basic line in the National plan for the corresponding period are calculated taking into account the average size of amounts of emissions of greenhouse gases of installations for 2013 - 2015.

8. The quotas for installations distributed on the basis of application of specific coefficients of emissions of greenhouse gases in the National plan for the corresponding period are calculated by multiplication of average value of amount of products for 2013 - 2015 on specific coefficient of emissions of greenhouse gases according to the list, except for the case provided in Item 9 of these rules.

9. The quotas distributed on the basis of application of specific coefficients of emissions of greenhouse gases for the installations which were not performing production for the established period are calculated by multiplication of amount of the planned production during action of the National plan for the corresponding period on specific coefficient of emissions of greenhouse gases according to the list.

The amount of the planned production during action of the National plan for the corresponding period is confirmed by data of production plans, engineering designs and other manufacturing documentation of the operator of installation.

10. The authorized body submits for approval of the Government of the Republic of Kazakhstan the developed draft of the National plan not later than two months before start date of term of its action.

11. The national plan affirms no later than December 15 of the year preceding the period of its action.

Chapter 3. Procedure for forming of reserves of assigned amount and amount of quotas of the National plan

12. The reserve of amount of quotas of the National plan is created according to obligations on restriction and (or) emission reduction of greenhouse gases minus the total amount of quotas for emissions of greenhouse gases distributed according to Chapter 2 of these rules.

13. The reserve of amount of quotas of the National plan is created for action of the National plan.

14. The reserve of amount of quotas of the National plan contains quotas for the emissions of greenhouse gases intended for:

1) distributions of quotas for emissions of greenhouse gases for new installations;

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