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

of January 26, 2023 No. 11

About approval of Rules of calculation and payment of the temporary balancing payment

According to subitem 10-2) of article 124-6 of the Entrepreneurial code of the Republic of Kazakhstan PRIKAZYVAYU:

1. Approve the enclosed Rules of calculation and payment of the temporary balancing payment.

2. To provide to committee on regulation of natural monopolies 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) placement of this order on Internet resource of the Ministry of national economy of the Republic of Kazakhstan;

3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry of national economy of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

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, extends to the legal relationship which arose since January 1, 2022 and is effective till January 1, 2024.

Approved by the Order of the Acting Minister of National economy of the Republic of Kazakhstan of January 26, 2023 No. 11

Rules of calculation and payment of the temporary balancing payment

Chapter 1. General provisions

1. These rules of calculation and payment of the temporary balancing payment (further – Rules) are developed according to subitem 10-2) of article 124-6 of the Entrepreneurial code of the Republic of Kazakhstan (further – the Code) and determine procedure of payments and payments of the temporary balancing payment by National carrier of loads directed:

1) to the operator of locomotive draft in passenger traffic (further – the Operator);

2) to the National operator of infrastructure.

2. The basic concepts and terms used in these rules:

1) selling price of the subject of the socially significant market (further – selling price) – the goods price (works, services) applied by the subject of the public significant market to its production and (or) realization;

2) the temporary balancing payment (BF) – the expenses of National carrier of loads directed to support of passenger traffic;

3) the temporary balancing payment (BF1) – the temporary balancing payment sent to the operator of locomotive draft in passenger traffic;

4) the temporary balancing payment (BF2) – the temporary balancing payment sent to the National operator of infrastructure;

5) department of authorized body – department of the state body performing management in spheres of the socially significant markets.

Chapter 2. Procedure of payments of the temporary balancing payment

3. Materials and calculations for determination of the amount of the temporary balancing payment (BF) are provided by the Operator in department of authorized body along with information on ceiling approval of price for services of locomotive draft in passenger traffic.

4. The amount of the temporary balancing payment (BF1) is determined after determination of amounts of subsidizing of losses/costs of the Operator according to the Technique of determination of amounts of long-term subsidizing of expenses of the operator of the locomotive draft in passenger traffic according to socially important messages approved by the order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of April 22, 2020 No. 218 (it is registered in the Register of state registration of regulatory legal acts for No. 20468) (further – the Technique) and the Rules of long-term subsidizing of expenses of the operator of locomotive draft in passenger traffic according to socially important messages approved by the order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of April 24, 2020 No. 230 (it is registered in the Register of state registration of regulatory legal acts for No. 20559) (further – Rules No. 230).

By consideration of the submitted information for approval of the ceiling price for services of locomotive draft in passenger traffic department of authorized body requests from the state body performing management in the field of rail transport, information on long-term subsidizing of the operator of locomotive draft in passenger traffic from means of the government budget. The state body performing management in the field of rail transport provides required information in department of authorized body within 5 (five) calendar days from the date of receipt of request.

The amount of the temporary balancing payment (BF1) is determined proceeding from general annual cost amount of the Operator according to aggregated data of the Operator about expenses.

The amount of the temporary balancing payment (BF1) is calculated by formula:

BF1 = (C + IP + LP) – (I + S), where:

C – expenses of the Operator according to aggregated data about expenses, except for the depreciation charges;

IP – the investing program (project) directed to creation of new assets, expansion, updating, reconstruction and modernization of the existing assets without borrowed funds;

LP – the amount of principal debt on the loans attracted to realization of investing program to repayment;

I – the amount of the predicted income of the Operator on selling prices on services of locomotive draft;

S – the amount of subsidies from the government budget calculated according to the Technique and Rules No. 230.

In case of change of selling price on services of locomotive draft in passenger traffic, department of authorized body adjusts the amount of the temporary balancing payment (BF1).

5. The amount of the temporary balancing payment (BF2) is determined at the rate of average actual amount of the income of the National operator of infrastructure from passenger traffic for the last 5 (five) years, in the income limits provided in the approved tariff estimate on regulated services of the high-level railway net.

6. When forming of the temporary balancing payment the expenses connected with regulated service of locomotive draft, including are considered:

expenses on production of goods and provision of services;

total and administrative expenses;

expenses on payment of remunerations;

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