ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of May 7, 2012 No. 586

About approval of Rules for apportionment of quotas for emissions of greenhouse gases

According to Item 3 of article 94-5 of the Ecological code of the Republic of Kazakhstan of January 9, 2007 the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules for apportionment of quotas for emissions of greenhouse gases.

2. This resolution becomes effective after thirty calendar days from the date of the first official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of May 7, 2012 No. 586

Rules for apportionment of quotas for emissions of greenhouse gases

1. General provisions

1. These rules of distribution of quotas for emissions of greenhouse gases (further - Rules) establish procedure for distribution of quotas for emissions of greenhouse gases.

2. In these rules the following terms and determinations are used:

1) the basic line - the size of amounts of emissions of the greenhouse gases made for the established period or year expressed in carbon dioxide equivalent tons;

2) reserve of amount of quotas - the amount of quotas for emissions of greenhouse gases intended for new installations in the priority sectors of economy determined by the Government of the Republic of Kazakhstan and which did not receive quota for emissions of greenhouse gases in case of initial distribution according to the national plan of distribution of quotas for emissions of greenhouse gases (further - the national plan), but were put into operation during its action and fall under requirements for quoting;

3) quota for emissions of greenhouse gases - the quantitative amount of regulated emissions of greenhouse gases distributed on installation for action of the national plan;

4) regulated emissions of greenhouse gases - emissions of the greenhouse gases included in the approved list of the greenhouse gases which are object of state regulation in the Republic of Kazakhstan.

3. Distribution of quotas for emissions of greenhouse gases is performed in the Republic of Kazakhstan for the purpose of ensuring accomplishment of national and international emission reduction commitments of greenhouse gases on the basis of market mechanism of trade in emissions of greenhouse gases.

4. Distribution of quotas for emissions of greenhouse gases according to these rules is made on the users of nature falling under requirements of article 94-2 of the Ecological code of the Republic of Kazakhstan.

2. Procedure for distribution of quotas for emissions of greenhouse gases

5. Quotas for emissions of greenhouse gases are distributed in the Republic of Kazakhstan according to the national plan which is developed and affirms for certain period of action.

6. Quotas for emissions of greenhouse gases are distributed for operation of installations during effective period of the corresponding national plan.

7. Distribution of quotas on the installations put into operation by the time of development and included in the national plan is made for the entire period of its action.

8. Quotas for the operating installations are calculated taking into account amounts of their emissions of greenhouse gases for prior years which are determined in the national plan as the basic line for the corresponding installations.

9. For the purposes of the national plan of distribution of quotas for emissions of greenhouse gases for the first accounting period as the basic line amounts of emissions of greenhouse gases for the last year by which users of nature provide to authorized body in the field of environmental protection inventory reports of emissions of greenhouse gases are determined.

For subsequent periods of quoting of emissions of greenhouse gases the basic line is determined by the average size of the available emissions of greenhouse gases confirmed with independent accredited data structures on amounts for the last 2 years preceding the period of quoting of emissions of greenhouse gases taking into account emission reduction commitments of greenhouse gases.

For the users of nature who are not included in the National plan whose emissions exceeded 20 000 tons of carbon dioxide during action of the corresponding National plan for subsequent period of quoting as the basic line amounts of emissions of carbon dioxide according to the last available report confirmed with the independent accredited organization are established.

10. Distribution of quotas is made for new installations in the priority sectors of economy determined by the Government of the Republic of Kazakhstan from reserve of amount of quotas of the national plan.

11. On new installations, disconnect in the national plan, quotas are distributed for the term of their planned operation during action of the corresponding national plan.

12. Quotas for new installations during action of the national plan are determined on the basis of assessment of their planned capacity (the planned increase in capacity) and carrying out by new installations of examination of energy saving.

13. According to item 4 of article 94-5 of the Ecological code of the Republic of Kazakhstan sale on the terms of the option is performed in case of distribution of quotas from reserve of amount of quotas of the national plan.

14.  No. 565 is excluded according to the Order of the Government of the Republic of Kazakhstan of 23.07.2015

15. In case of distribution of quotas for emissions of greenhouse gases, since the second national plan, accounting of earlier taken voluntary measures for emission reduction of the greenhouse gases implemented on the corresponding installations not earlier than before three years prior to the beginning of the period of action of the corresponding national plan is made.

17. Before representation on approval of the Government of the Republic of Kazakhstan the authorized body in the field of environmental protection will organize discussion of the draft of the national plan with interested persons.

18. For the purpose of providing effective opportunities for discussion with the interested public the draft of the national plan is posted on the website of authorized body in the field of environmental protection not later than two months before its representation on approval of the Government of the Republic of Kazakhstan.

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