ORDER OF THE MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of September 14, 2018 No. 372

About approval of the Standard regulations on the commission on distribution of the liquefied oil gas emitted within the delivery plan out of commodity exchanges

According to subitem 18-5) of article 6 of the Law of the Republic of Kazakhstan "About gas and gas supply", PRIKAZYVAYU:

1. Approve the enclosed Standard regulations on the commission on distribution of the liquefied oil gas emitted within the delivery plan out of commodity exchanges (further - the Standard provision).

2. To provide to development department of the gas industry of the Department of Energy 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 from the date of state registration of this order the direction it in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Department of Energy of the Republic of Kazakhstan;

4) within ten working days after state registration of this order 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 1), 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, except for the paragraph of the fourth subitem 1) of Item 5 of the Standard provision which becomes effective since January 1, 2019, subitem paragraph two 1) of Item 5 of the Standard provision which becomes effective since January 1, 2022. The paragraph one of the subitem 1) of Item 5 of the Standard provision is effective till December 31, 2021.

Approved by the Order of the Minister of Energy of the Republic of Kazakhstan of September 14, 2018 No. 372

Standard regulations on the commission on distribution of the liquefied oil gas emitted within the delivery plan out of commodity exchanges

Chapter 1. General provisions

1. This Standard regulations on the commission on distribution of the liquefied oil gas emitted within the delivery plan out of commodity exchanges (further - the Standard provision), are developed according to subitem 18-5) of article 6 of the Law of the Republic of Kazakhstan "About gas and gas supply" (further - the Law).

2. The commission on distribution of the liquefied oil gas emitted within the delivery plan out of commodity exchanges (further - the Commission), performs the activities according to the Constitution of the Republic of Kazakhstan, the laws, acts of the President and the Government of the Republic of Kazakhstan, other regulatory legal acts and this Standard provision.

3. The commission is created under local executive bodies.

Chapter 2. Task and functions of the Commission

4. Task of the Commission is submission to the relevant local executive body of recommendations about distribution of the liquefied oil gas emitted within the delivery plan out of commodity exchanges between receivers of the corresponding administrative and territorial unit.

5. The commission performs the following functions:

Considers 1) provided by persons specified in Item 5 of article 27-1 of the Law, supply requisition of the liquefied oil gas and the project of distribution regarding their justification taking into account forecast consumption of the liquefied oil gas in the territory of the corresponding administrative and territorial unit;

2) is approved by the project of distribution of the liquefied oil gas emitted within the delivery plan for the corresponding administrative and territorial unit of the Republic of Kazakhstan or informs the relevant local executive body on need of its change.

Chapter 3. Procedure for the organization of activities of the Commission

6. The commission consists of the chairman, the vice-chairman, members of the commission and the secretary. The secretary of the Commission is determined from number of persons employed of working body of the Commission and is not her member.

7. The commission is permanent body and consists of the odd number of members, but at least five members.

8. Commission chairman is Akim's deputy of local executive body. During absence of the commission chairman of its function the vice-chairman carries out.

9. The commission is created by local executive body from among representatives of the relevant local executive body, National chamber of entrepreneurs of the Republic of Kazakhstan and other faces, except for persons who are engaged in realization of the liquefied oil gas.

9-1. The local executive body annually (term is counted from the date of statement of structure of the Commission) reviews and staticizes structure of the Commission.

9-2. When forming the Commission by local executive body non-admission of conflict of interest is provided.

10. Working body of the Commission is the relevant structural division of local executive body.

11. Commission sessions are convoked by its chairman or the vice-chairman as required, but at least once a quarter.

11-1. Commission sessions are convoked not later than 3 (three) working days before date of meeting with the direction to members of the commission:

1) requests of applicants with application of copies of supporting documents;

2) the project of distribution to the planned period;

3) draft of the minutes of the Commission;

4) calculations of distribution of the liquefied oil gas in the territory of the corresponding administrative and territorial unit between applicants.

11-2. Commission sessions according to the decision of the chairman are held in presentia and (or) in online format with use of available online services.

In case of the mixed mode the internal format with simultaneous use of available online services is used.

12. Commission sessions are considered competent if at them there are more than a half from total number of members of the commission.

13. Decisions of the Commission are made by open voting by a majority vote from total number of the members of the commission who are present at its meeting.

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