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LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 20, 2011 No. 463-IV ZRK

About state regulation of production and turnover of separate types of oil products

(as amended on 03-04-2019)

This Law governs the public relations arising in production process and turnover of separate types of oil products: gasoline, aviation and diesel fuel, fuel oil.

Article 1. The basic concepts used in this Law

In this Law the following basic 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.

Gas stations are subdivided into the following types:

stationary - with underground or land placement of reservoirs, intended for filling with oil products of vehicles through fuel-dispensing columns;

container - with land arrangement of reservoirs for storage of oil products which technology system is characterized by placement of fuel-dispensing columns in the container of storage of oil products executed as single factory product;

portable - with placement of reservoir and fuel-dispensing column on the automobile chassis, trail car, semitrailer truck executed as single factory product;

2) it is excluded according to the Law of the Republic of Kazakhstan ot10.07.2012 No. 36-V ZRK

3) personal identification number code - permanent identification number which is assigned to producers of oil products, the wholesale suppliers of oil products performing import of oil products and each name of the oil product made in the Republic of Kazakhstan or imported on the territory of the Republic of Kazakhstan, necessary for specifying of type, brand of oil products in the accompanying waybill and the declaration on turnover of oil products;

4) survey meters of accounting - the technical devices determining the quantity and quality characteristics of oil products intended for accounting for the purpose of the subsequent transfer in real time through the operator of these survey meters of accounting in the field of production and turnover of oil products to authorized body in the field of turnover of oil products by means of the automated system of information on production volumes and (or) turnover of oil products, established on production facilities of producers of oil products and at gas stations (except gas stations of portable type), the unities of measurements allowed to application according to the legislation of the Republic of Kazakhstan in the field of providing;

5) investing program - the program of attachment and return of the funds allocated for creation, upgrade and reconstruction of the existing production capacities of producers of oil products, for certain period for the purpose of receipt of the planned technical and economic effect, including economic indicators, including the investment components influencing the price of oil products;

6) compounding - mixing of two or several components, including introduction of additives, additives, for the purpose of receipt of oil product of the set quality;

6-1) products of conversion - the products of conversion of crude oil and gas condensate suitable for the subsequent conversion by producer of oil products (except for producer of oil products of low power);

7) non-conforming oil product - the oil product which is not conforming to requirements of regulating technical documents and documents for standardization;

8) 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;

9) the oil supplier - the physical person or legal entity delivering to producer of oil products, and also the oil refineries located outside the Republic of Kazakhstan, the crude oil and (or) gas condensate which is independently extracted, received by the Republic of Kazakhstan as the taxes paid in natural form according to the tax legislation of the Republic of Kazakhstan, imported or acquired directly at the subsoil user on the conditions established by this Law;

10) oil products - separate types of oil products: gasoline, aviation and diesel fuel, fuel oil;

11) the delivery plan of oil products - amount of monthly needs of areas, cities of republican value and the capital in the oil products made in the Republic of Kazakhstan;

11-1) single operator on supply of oil products - the legal entity determined by the Government of the Republic of Kazakhstan which main object of activity is providing Armed Forces of the Republic of Kazakhstan, the Border service of Committee of homeland security of the Republic of Kazakhstan, National guard of the Republic of Kazakhstan, authorized body in the field of civil protection, authorized body in the field of the state material reserve with oil products, and also provision by it of services in storage and delivery of oil products;

12) retail sale of oil products - business activity on realization of oil products to physical persons and legal entities for own needs without the purposes of further realization;

13) the retail implementor of oil products - the individual entrepreneur or the legal entity performing acquisition of oil products for the purposes of further retail sale;

14) 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;

14-1) importer - the individual entrepreneur or the legal entity performing import (including import) own oil products on the territory of the Republic of Kazakhstan for the purposes of further realization;

15) wholesale of oil products - business activity on realization of oil products by producers of oil products, oil suppliers, wholesale suppliers of oil products, importers for the purposes of further realization;

16) production of oil products - complex of works on conversion of crude oil and (or) gas condensate, and (or) the products of their conversion, and also to compounding providing oil products;

17) the minimum production volume of oil products - amount of oil products, is at least whom the producer of oil products shall make monthly within calendar year;

18) monitoring of production and realization of oil products - requirements analysis, production processes, realization, transportation, and also dynamics of retail and wholesale prices for oil products;

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