THE ORDER OF THE CHAIRMAN OF THE AGENCY OF THE REPUBLIC OF KAZAKHSTAN ON REGULATION OF NATURAL MONOPOLIES AND PROTECTION OF THE COMPETITION

of November 5, 2003 No. 262-OD

About Rules of approval of temporary decreasing coefficients to rates (the prices, rates of charges) for regulated services of seaport

According to articles 14-1 and 15 of the Law of the Republic of Kazakhstan "About natural monopolies and the controlled markets", for the purpose of establishment of single procedure and conditions of provision of temporary decreasing coefficients to rates (the prices, rates of charges) for services of seaport, PRIKAZYVAYU:

1. Approve the enclosed Rules of approval of temporary decreasing coefficients to rates (the prices, rates of charges) for regulated services of seaport.

2. To department on regulation of transport and telecommunication sectors of the Agency of the Republic of Kazakhstan on regulation of natural monopolies and protection of the competition (Daribayev M. A.) provide in the procedure established by the legislation state registration of this order in the Ministry of Justice of the Republic of Kazakhstan.

3. To department of administrative work of the Agency of the Republic of Kazakhstan on regulation of natural monopolies and protection of the competition (Dosan B. B.) after state registration in the Ministry of Justice of the Republic of Kazakhstan:

To provide 1) in accordance with the established procedure publication of this order in official mass media;

2) to bring this order to the attention of structural divisions and territorial authorities of the Agency of the Republic of Kazakhstan on regulation of natural monopolies and protection of the competition, the Ministry of Transport and Communications of the Republic of Kazakhstan, the Ministry of Economy and Budget Planning of the Republic of Kazakhstan, the Tax Committee of the Ministry of Finance and the republican state company "Aktau Sea Trade Port".

4. To impose control of execution of this order on the First Deputy Chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies and protection of the competition Ertlesova Zh. D.

5. This order becomes effective from the date of state registration.

Approved by the order of the Chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies and protection of the competition against November 5, 2003 No. 262-OD

Rules of approval of temporary decreasing coefficients to rates (the prices, rates of charges) for regulated services of seaport

1. General provisions

1. Rules of approval of temporary decreasing coefficients to rates (the prices, rates of charges) for regulated services of seaport (further - Rules), are developed according to the Laws of the Republic of Kazakhstan "About natural monopolies and the controlled markets", "About merchant shipping" and other regulatory legal acts of the Republic of Kazakhstan.

2. These rules determine procedure and conditions of approval of temporary decreasing coefficients to rates (the prices, rates of charges) for regulated services of seaport.

3. In these rules the following concepts are applied:

temporary decreasing coefficient - the size established by authorized body to the rate size (the prices, rates of charge) on regulated services of seaport;

the repayment schedule - the repayment schedule of overdue accounts payable of the client before seaport certified by signatures of the first head of the client and seaport;

the declared amount - the planned amount of regulated services of seaport specified in the request of the client or seaport for approval of temporary decreasing coefficient;

the client - the physical person or legal entity using regulated services of seaport;

competent authority - the state body performing within the competence coordination and regulation of activities in the field of merchant shipping;

overdue accounts payable of the client - the amount of financial liabilities, money debts of the client which is not performed at the scheduled time according to the agreement on payment due dates before seaport;

authorized body - the state body performing management in spheres of natural monopolies and in the controlled markets;

regulated services (goods, works) of the subject of natural monopoly - the services (goods, works) provided by the subject of natural monopoly in the field of natural monopoly and which are subject to state regulation by authorized body including cases of provision of services (goods, works) in the form of transfer of certain goods to the consumer.

Other concepts and terms used in these rules are applied according to the current legislation of the Republic of Kazakhstan about natural monopolies and the controlled markets.

2. Principles of approval of temporary decreasing coefficients

4. Temporary decreasing coefficients are established on the basis of calculation of cost efficiency of this measure and its feasibility for the state, seaport and the client.

Cost efficiency of approval of temporary decreasing coefficient is determined by increase in amount of the rendered regulated works and services, possibility of use of the uninvolved or poorly involved capacities of seaport, the gained income of seaport and the client, growth of employment of the population and receipts in the government budget.

5. It is excluded

6. Approval of temporary decreasing coefficients is made on condition of absence at the client of overdue accounts payable on payment of regulated services (goods, works) before seaport or in case of repayment provision of overdue accounts payable according to the repayment schedule.

7. Income gained by seaport when rendering regulated services (goods, works) using temporary decreasing coefficient shall cover the cost connected with rendering the corresponding regulated services (goods, works).

8. Temporary decreasing coefficients become effective from the first for certain period, but no more than for one calendar year.

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