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. 263-OD

About Rules of approval temporary lowering in coefficient to rates (the prices, rates of charges) for regulated services of the airports of air navigation

According to articles 14-1 and 15 of the Law of the Republic of Kazakhstan "About natural monopolies and the controlled markets", the subitem 6) of Item 21 of the Regulations on the Agency of the Republic of Kazakhstan on regulation of natural monopolies and protection of the competition approved by the Presidential decree of the Republic of Kazakhstan of October 12, 2007 No. 943, 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 the airports and air navigation I order:

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

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 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, RGP "Kazaeronavigation".

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. 263-OD

Rules of approval of temporary decreasing coefficients to rates (the prices, rates of charges) for regulated services of the airports and air navigation

1. General provisions

1. Rules of approval of temporary decreasing coefficients to rates (the prices, rates of charges) for regulated services of the airports and air navigation (further - Rules) are developed according to the Convention on the international civil aviation (Chicago 1944) ratified by the resolution of the Supreme Council of the Republic of Kazakhstan of July 2, 1992 and the Laws of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies and the controlled markets" of July 15, 2010 "About use of airspace of the Republic of Kazakhstan and activities of aircraft".

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

3. In these rules the following concepts are applied:

aircraft load factor - the attitude of number of the transported passengers towards quantity of seats of the aircraft;

the operator of aircrafts - the legal entity or physical person which is engaged in operation of aircrafts or offering the services in this area, using regulated services of the airports and air navigation;

competent authority - the state body performing coordination and regulation of activities of civil aviation and use of airspace of the Republic of Kazakhstan within the competence;

overdue accounts payable - the amount of financial liabilities, unexecuted at the scheduled time according to the agreement on payment due dates, money debts of the operator of aircrafts before the airport or the aeronautical organization;

the repayment schedule - the repayment schedule of overdue accounts payable of the operator of aircrafts before the airport or the aeronautical organization certified by signatures of the first head of the operator of aircrafts, the airport or aeronautical organization;

the applicant - the operator of the aircraft, the airport or the aeronautical organization which provided the request for approval of temporary decreasing coefficient;

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;

temporary decreasing coefficient - the size established by authorized body and applied to rate (the price, rate of charge) for the purpose of protection of consumer interests and the subject of natural monopoly; authorized body - the state body performing management in spheres of natural monopolies and in the controlled markets;

conditional variable costs - the subject's costs connected with provision of regulated services, depending on amount of the rendered regulated services.

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, operators of aircrafts, the airports or the aeronautical organization.

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