Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

ORDER OF THE CHAIRMAN OF THE AGENCY ON PROTECTION AND DEVELOPMENT OF THE COMPETITION OF THE REPUBLIC OF KAZAKHSTAN

of June 13, 2022 No. 15

About approval of Rules of equal access to key capacity

According to Item 3 of article 176-1 of the Entrepreneurial code of the Republic of Kazakhstan PRIKAZYVAYU:

1. Approve the enclosed Rules of equal access to key capacity.

2. In the procedure established by the legislation of the Republic of Kazakhstan to provide to management of legal regulation of the competition of the Agency on protection and development of the competition of the Republic of Kazakhstan (further – the Agency):

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

2) placement of this order on Internet resource of the Agency after its official publication.

3. To impose control of execution of this order on the supervising vice-chairman of the Agency.

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

Chairman of the Agency on protection and development of the competition of the Republic of Kazakhstan

S. Zhumangarin

Approved by the Order of the Chairman of the Agency on protection and development of the competition of the Republic of Kazakhstan of June 13, 2022 No. 15

Rules of equal access to key capacity

Chapter 1. General provisions

1. These rules of equal access to key capacity (further – Rules) are developed according to Item 3 of article 176-1 of the Entrepreneurial code of the Republic of Kazakhstan (further – the Code) and determine procedure for provision of equal access to subjects of the market to key capacity.

2. In Rules the following concepts are applied:

1) key capacity – goods, infrastructure facility of the subject of the market holding the dominating or monopoly position (further – the owner of key capacity) without access to which other subjects of the market cannot enable production and (or) sales of goods in the corresponding or adjacent goods market;

2) goods – the goods, work, service which are object of civil circulation.

3. Equal access to key capacity is provided on market conditions.

4. Failure to provide equal access to key capacity according to article 174 of the Code is abuse of the dominating or monopoly position which attracts the responsibility established by part 3-1 of article 159 of the Code of the Republic of Kazakhstan about administrative offenses.

Chapter 2. Procedure for provision of equal access to key capacity

5. Provision of equal access to key capacity is performed in the following sequence:

1) giving by the subject of the market to the owner of key capacity of the request about provision of access to key capacity (further – the request);

2) consideration of the request by the owner of key capacity;

3) issue of result of consideration of the request by the owner of key capacity;

4) conclusion of the agreement.

6. Owners of key capacity annually not later than 2 (two) months prior to order taking place on the Internet resource the schedule of order taking (further – the schedule) with indication of the postal address, the e-mail address, and also contact information of person (persons) responsible (responsible) for order taking.

In the absence of Internet resource at the owner of key capacity information is placed on Internet resource of antimonopoly authority.

The term of order taking constitutes at least one month.

7. For receipt of access to key capacity the subject of the market sends to the owner of key capacity the request in paper or electronic form in which the essential conditions of provision of access requested by the subject of the market are specified.

8. The request is accepted by the owner of key capacity irrespective of the declared conditions of access to key capacity.

9. Order taking and issue of results of their consideration is performed by the owner of key capacity respectively in paper or electronic form.

10. The applications submitted according to the schedule are considered by the owner of key capacity according to the procedure of the decreasing priority:

1) requests of the subjects of the market using key capacity for production and (or) realization of other goods;

2) requests of the subjects of the market having storage infrastructure for the corresponding key capacity;

3) requests of other subjects of the market.

The applications submitted out of the schedule are considered on priority according to date and time of receipt of requests.

11. The applications submitted according to the schedule are considered by the owner of key capacity within thirty calendar days after the termination of term of order taking.

The applications submitted out of the schedule are considered by the owner of key capacity within thirty calendar days from the date of their receipt.

12. By results of consideration by the owner of key capacity one of the following decisions is accepted:

1) about satisfaction of the request of the subject of the market on the conditions requested by it;

2) about provision of access to key capacity on terms offered by the owner of key capacity;

3) about refusal in satisfaction of the request with reasons for cause of failure.

13. If for satisfaction of the applications submitted according to the schedule, the free amount of key capacity is not enough, requests are satisfied in proportion to required amounts, but no more than 50 (fifty) percent from the total amount of key capacity to one subject of the market.

14. In the case specified in the subitem 1) of Item 12 of these rules and also in case of achievement of consent between the subject of the market and the owner of key capacity under the terms of access to key capacity between them the relevant agreement is signed.

The agreement is signed for a period of up to one year inclusive.

15. The bases for refusal in satisfaction of the request are:

1) lack of free amount of key capacity;

2) lack of infrastructure or other property necessary for access provision.

16. In the case specified in the subitem 2) of Item 15 of these rules specifications are also applied to the notification on refusal in satisfaction of the request except reasons for cause of failure.

In case of accomplishment of specifications the subject of the market repeatedly submits the application.

17. In case of disagreement with refusal the subject of the market addresses to antimonopoly authority or to court for establishment of justification of refusal with appendix of the request and notification on refusal.

18. The antimonopoly authority by results of the address of the subject of the market reports about confirmation of justification of refusal of the owner of key capacity or takes measures according to the Code what notifies the subject of the market on.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.