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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of May 20, 2021 No. 332

About approval of Rules of provision of the state financial support to settlement financial center on support of renewable energy resources

According to subitem 8-2) of article 5 of the Law of the Republic of Kazakhstan of July 4, 2009 "About support of use of renewable energy resources" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of provision of the state financial support to settlement financial center on support of renewable energy resources.

2. This resolution becomes effective after ten calendar days after day of its first official publication.

Prime Minister of the Republic of Kazakhstan

A. Mamin

Approved by the Order of the Government of the Republic of Kazakhstan of May 20, 2021 No. 332

Rules of provision of the state financial support to settlement financial center on support of renewable energy resources

Chapter 1. General provisions

1. These rules of provision of the state financial support to settlement financial center on support of renewable energy resources (further – Rules) are developed according to subitem 8-2) of article 5 of the Law of the Republic of Kazakhstan "About support of use of renewable energy resources" (further – the Law) and determine procedure for provision by the Government of the Republic of Kazakhstan for the state financial support to settlement financial center by support of renewable energy resources.

2. In these rules the following basic concepts are used:

1) settlement financial center on support of renewable energy resources (further – settlement financial center) – the legal entity created by the system operator and determined by authorized body, performing according to the procedure, provided by the Law, centralized purchase and sale of the electrical energy made by objects for use of the renewable energy resources, objects for energy waste recycling, and flood electrical energy delivered in power networks of single electric utility system of the Republic of Kazakhstan;

2) the state financial support – support from the Government of the Republic of Kazakhstan in case of impossibility of accomplishment by settlement financial center of obligations to the power making organizations using renewable energy resources owing to insufficiency of its income from the electricity sale developed by objects for use of renewable energy resources;

3) reserve fund – the fund created by settlement financial center which money is stored on the special bank account and are used only on covering of the cash gaps and debt of settlement financial center to the power making organizations using renewable energy resources, arising owing to non-payment or payment delay from conditional consumers for the electrical energy delivered to them made by objects for use of renewable energy resources;

4) authorized body – the central executive body performing management and cross-industry coordination in the field of support of use of renewable energy resources.

Chapter 2. Procedure for provision of the state financial support

3. The budget request, calculations, reasons, social and economic effect and other required documents of budgetary planning are created and represented by the administrator of the budget program according to the procedure, provided by the budget legislation of the Republic of Kazakhstan.

The administrator of the budget program provides interrelation of indicators of the specified budget program with target indicators of the strategic plan of authorized body.

4. If money in reserve fund and the income of settlement financial center from sale of electrical energy is not enough for accomplishment of financial liabilities by settlement financial center before the power making organizations using renewable energy resources (further – RES), by the Government of the Republic of Kazakhstan give the state financial support to settlement financial center.

At the same time the settlement financial center addresses to authorized body as to the administrator of the budget program behind the state financial support.

5. The state financial support from the republican budget of the Republic of Kazakhstan is performed by the direction of money in reserve fund on covering by settlement financial center of obligations to the power making organizations using RES.

6. The state financial support of settlement financial center is performed only in case of simultaneous approach of the following cases:

1) actually developed overdue debt in the amount of at least maximum three-months value of obligations of settlement financial center for previous year before the power making organizations using RES;

2) the lack of money in reserve fund for covering of debt to the power making organizations using RES supported by the documents and data according to Item 7 of these rules;

3) impossibility of performance conditional consumers and skilled conditional consumers of the judicial decision(s) on debt collection in time more than 6 (six) months from the date of excitement of enforcement proceeding after all necessary and exhaustive measures for execution of the judgment provided by the Law of the Republic of Kazakhstan of April 2, 2010 "About enforcement proceeding and the status of legal executives" were taken.

In time enforcement proceeding time during which execution of executive documents was suspended does not join, it is delayed or spread on the bases provided by the Law of the Republic of Kazakhstan of April 2, 2010 "About enforcement proceeding and the status of legal executives".

7. The settlement financial center for receipt of the state financial support sends to the administrator of the budget program the appeal and the following documents and data confirming lack of money for payment of obligations to the power making organizations using RES with reasons for the amount of necessary state financial support:

1) copies of sales agreements settlement financial center to conditional consumers of the electrical energy made by objects for use of RES on which there was non-payment or payment delay from conditional consumers and skilled conditional consumers for the electrical energy delivered to them;

2) copies of acts of reconciliations of amounts, invoices under the agreements specified in the subitem 1) of this Item;

3) acts of reconciliations of mutual calculations selling electrical energy for the agreements specified in the subitem 1) of this Item date not earlier than 3 (three) working days about day of submission of the appeal of settlement financial center to the administrator of the budget program for receipt of the state financial support for the current financial year;

4) disaggregations of receivables under the agreements specified in the subitem 1) of this Item date not earlier than 3 (three) working days about day of submission of the appeal of settlement financial center to the administrator of the budget program for receipt of the state financial support;

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