ORDER OF THE MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of March 27, 2015 No. 236

About approval of Rules of implementation of monitoring of production and realization of oil products

According to the subitem 5) article 7 of the Law of the Republic of Kazakhstan "About state regulation of production and turnover of separate types of oil products" and the subitem 2) Item 3 of article 16 of the Law of the Republic of Kazakhstan "About the state statistics" PRIKAZYVAYU:

1. Approve the enclosed Rules of implementation of monitoring of production and realization of oil products.

2. To provide to development department of the oil industry of the Department of Energy of the Republic of Kazakhstan:

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

2) the direction on official publication of the copy of this order within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan in periodic printing editions and in information system of law of Ad_let;

3) placement of this order on official Internet resource of the Department of Energy of the Republic of Kazakhstan and on the intranet portal of state bodies;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan 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 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 the first official publication.

It is approved Minister of Finance of the Republic of Kazakhstan March 27, 2014

_____________ B. Sultanov

Approved by the Order of the Minister of Energy of the Republic of Kazakhstan of March 27, 2015 No. 236

Rules of implementation of monitoring of production and realization of oil products

Chapter 1. General provisions

1. These rules of implementation of monitoring of production and realization of oil products (further – Rules) are developed according to the subitem 5) of article 7 of the Law of the Republic of Kazakhstan "About state regulation of production and turnover of separate types of oil products" (further – the Law) and determine procedure of monitoring of production and realization of oil products.

2. In these rules the following concepts are used:

1) gas station – the technology complex and the equipment providing the storage and retail sale of oil products equipped with survey meters of accounting;

2) authorized body in the field of customs affairs – the state body performing state regulation in the field of customs affairs;

3) the oil supplier – the legal entity delivering to producer of oil products, and also the oil refineries located outside the Republic of Kazakhstan, independently got, received by the Republic of Kazakhstan as the taxes paid in natural form according to the tax legislation of the Republic of Kazakhstan, independently imported (including imported) on the territory of the Republic of Kazakhstan and (or) acquired directly at the interconnected subsoil user and (or) at person which performed import (including import) on the territory of the Republic of Kazakhstan, crude oil and (or) gas condensate and enabling realization of the oil products received as a result of conversion of such oil and (or) gas condensate on the conditions established by the Law and also the legal entity delivering to producer of oil products (except for producer of oil products of low power) the products of conversion of crude oil or gas condensate which are independently imported (including imported) on the territory of the Republic of Kazakhstan and (or) which were acquired at person which performed their import (including import) on the territory of the Republic of Kazakhstan and (or) are received by the subsoil user as a result of conversion of independently extracted crude oil and (or) gas condensate, and (or) acquired directly at the interconnected subsoil user who received them as a result of conversion of independently extracted crude oil and (or) gas condensate;

4) producer of oil products of low power – the producer of oil products performing production of oil products on technology installations which design capacity provides amount of conversion of crude oil and (or) gas condensate less than eight hundred thousand tons per year;

5) oil products – separate types of oil products: gasoline, aviation and diesel fuel, fuel oil, road bitumen;

6) the wholesale supplier of oil products – the individual entrepreneur or the legal entity performing acquisition of oil products at producers of oil products, oil suppliers and (or) importers for the purposes of further realization;

7) authorized body in the field of production of oil products – the central executive body performing management in the field of state regulation of production of oil products;

8) producer of oil products – the legal entity having oil refinery on the property right and (or) other legal causes and performing production of oil products according to the passport of production, and also realization of the made own oil products and (or) transfer of the oil products which are raw materials supplied by the customer conversion product;

9) the operator of these survey meters of accounting in the field of production and turnover of oil products – the legal entity determined by the Government of the Republic of Kazakhstan, providing the automated online data transmission of survey meters of accounting to authorized body in the field of turnover of oil products, to its territorial subdivisions, and also authorized body in the field of production of oil products;

10) information system of authorized body – the integrated information system "Single State Management System Subsurface Use of the Republic of Kazakhstan" intended for collection, storage, the analysis and information processing in the field of subsurface use;

11) the petroleum supply point – the complex of buildings and constructions which is turning on the processing equipment, the reservoir park, technical devices and communications intended for acceptance, storage, shipment and realization of oil products.

For the purposes of these rules the oil supplier person interconnected with the subsoil user in case of observance is recognized at least than one of the following conditions according to article 11-1 of the Law:

the oil supplier possesses fifty and more percent of shares (share in the authorized capital) in the subsoil user;

the subsoil user possesses fifty and more percent of shares (share in the authorized capital) in the oil supplier;

the oil supplier and the subsoil user are controlled by person who belongs fifty and more percent of shares (share in the authorized capital) in the oil supplier and the subsoil user.

Other concepts used in these rules are applied according to the Law.

3. Monitoring of production and turnover of oil products is performed by authorized body in the field of production of oil products and includes:

1) monitoring of the made amounts in the Republic of Kazakhstan of oil products by their types;

2) monitoring of realization of oil products in the Republic of Kazakhstan, including export and import of oil products;

3) monitoring of wholesale and retail prices on the oil products made in the Republic of Kazakhstan;

4) monitoring of needs of areas, the cities of republican value and the capital in oil products;

5) monitoring of amounts of oil products on the petroleum supply points located in the territory of the Republic of Kazakhstan.

4. Information on monitoring of production and realization of oil products is created by authorized body in the field of production of oil products based on the information provided by producers of oil products, producers of oil products of low power, wholesale suppliers of oil products, oil suppliers, owners of petroleum supply points, local executive bodies, authorized body in the field of customs affairs, and also the information provided by the operator of these survey meters of accounting in the field of production and turnover of oil products determined according to the Law.

Chapter 2. Procedure for monitoring of the made and implemented oil products

5. Producers of oil products provide in authorized body in the field of production of oil products:

1) daily till 04:00 o'clock, following for reporting, information on movement of oil and oil products on form, according to appendix 1 to these rules;

2) daily till 11:00 o'clock, following for reporting, information on shipment of main types of oil products on form, according to appendix 2 to these rules;

3) monthly to the 5th following for reporting, information on production of oil products on form according to appendix 3 to these rules;

4) monthly to the 5th following for reporting, information on shipment of oil products on form according to appendix 4 to these rules;

5) daily till 13:00 o'clock, following for reporting, information on shipment of diesel fuel for producers of agricultural products with the name of the producer in form, according to appendix 5 to these rules;

6) monthly to the 5th following for reporting, information on movement of oil and oil products on form according to appendix 6 to these rules;

7) daily till 13:00 o'clock, following for reporting, information on shipment of oil products on form, according to appendix 7 to these rules;

8) daily till 13:00 o'clock, following for reporting, information on shipment of fuel oil for social production facilities and organizations during heating season with the name of the producer in form, according to appendix 8 to these rules.

6. Producers of oil products of low power provide in authorized body in the field of production of oil products:

1) monthly to the 5th, the next day for reporting, information on production of oil products on form, according to appendix 3 to these rules;

2) monthly to the 5th following for reporting, information on shipment of oil products on form according to appendix 4 to these rules;

3) monthly to the 5th following for reporting, information on movement of oil and oil products on form according to appendix 6 to these rules.

7. Wholesale suppliers of oil products provide in authorized body in the field of production of oil products:

1) daily till 13:00 o'clock, following for reporting, information on shipment of diesel fuel for producers of agricultural products with the name of the producer in form, according to appendix 5 to these rules;

2) daily till 13:00 o'clock, following for reporting, information on shipment of oil products on form, according to appendix 7 to these rules;

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