I.O.'S ORDER OF THE CHAIRMAN OF THE AGENCY OF THE REPUBLIC OF KAZAKHSTAN ON REGULATION OF NATURAL MONOPOLIES AND PROTECTION OF THE COMPETITION

of September 8, 2004 No. 375-OD

About Rules of approval of temporary decreasing coefficients to rates (the prices, rates of charges) for regulated services of the high-level railway net and railway tracks with objects of rail transport under agreements of concession

According to the subitem 6) Article 14-1 and the subitem 3) Item 1 of article 15 of the Law of the Republic of Kazakhstan "About natural monopolies and the controlled markets", PRIKAZYVAYU:

1. Approve the enclosed Rules of approval of temporary decreasing coefficients to rates (the prices, rates of charges) for regulated services of the high-level railway net and railway tracks with objects of rail transport under agreements of concession.

2. To department on regulation and control in the field of rail transport of the Agency of the Republic of Kazakhstan on regulation of natural monopolies and protection of the competition (Zhusanbayev E. S.) 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 and territorial work of the Agency of the Republic of Kazakhstan on regulation of natural monopolies and protection of the competition (Tokareva M. A.) after state registration:

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 Tax Committee of the Ministry of Finance of the Republic of Kazakhstan, joint-stock company "The Kazakstan temir Sholas national company.

4. I reserve control of execution of this order.

5. This order becomes effective from the date of state registration in the Ministry of Justice of the Republic of Kazakhstan.

Approved by the Order of the Acting Chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies and protection of the competition against September 8, 2004 No. 375-OD

Rules of approval of temporary decreasing coefficients to rates (the prices, rates of charges) for regulated services of the high-level railway net and railway tracks with objects of rail transport under agreements of concession

1. General provisions

1. Rules of approval of temporary decreasing coefficients to rates (the prices, rates of charges) for regulated services of the high-level railway net and railway tracks with objects of rail transport under agreements of concession (further - Rules) are developed according to the Law of the Republic of Kazakhstan "About natural monopolies and the controlled markets" and other regulatory legal acts of the Republic of Kazakhstan.

2. Rules determine procedure and conditions of approval of temporary decreasing coefficient to rates (the prices, rates of charges) for services of the high-level railway net and railway tracks with objects of rail transport by agreements of concession.

3. In Rules the following concepts are applied:

the repayment schedule - the debt repayment schedule of the consumer and/or concessionary of regulated services of the high-level railway net and railway tracks with objects of rail transport under agreements kontsessiipered the operator of the high-level railway net and the concessionary, certified by signatures of the consumer and/or concessionary and head of the operator of the high-level railway net, the concessionary;

cargo turnover (passenger turnover) - amount of the performed transportation work on cargo delivery (passengers) taking into account haulage distance;

the declared cargo turnover (passenger turnover) - the planned cargo turnover (passenger turnover) specified in the request of the consumer and/or concessionary for approval of temporary decreasing coefficients;

competent authority - the Ministry of Transport and Communications of the Republic of Kazakhstan;

the consumer - the physical person or legal entity using or intending to use regulated services (goods, works) of subjects of natural monopoly and the controlled market;

industry state bodies - state bodies of the Republic of Kazakhstan, owing to the competence involved in approval of temporary decreasing coefficients in rates (the prices, rates of charges) for regulated services of the high-level railway net and railway tracks with objects of rail transport under agreements of concession, except for authorized and competent bodies;

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 form of transmission of certain goods to the consumer and/or the concessionary.

Other concepts and terms used in Rules are applied according to the legislation of the Republic of Kazakhstan on natural monopolies and the controlled markets.

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