of August 8, 2012 No. 1032
About approval of Rules of realization of ecological (green) investments
According to the subitem 9) of article 16 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 of realization of ecological (green) investments.
2. This resolution becomes effective after ten calendar days after the first official publication.
Republic of Kazakhstan K. Masimov
Approved by the order of the Government of the Republic of Kazakhstan of August 8, 2012 No. 1032
1. These rules of realization of ecological (green) investments (further - Rules) are developed according to the subitem 9) of article 16 of the Ecological code of the Republic of Kazakhstan of January 9, 2007 and determine procedure for realization of ecological (green) investments in the Republic of Kazakhstan.
2. In these rules the following concepts are used:
1) assigned amount unit - the carbon unit used for scoping of emissions of greenhouse gases for the Republic of Kazakhstan according to international treaties of the Republic of Kazakhstan in the field of climate change;
2) reserve of assigned amount - the amount of assigned amount units created by authorized body in the field of environmental protection (further - authorized body), necessary for the purposes of implementation of the scheme of ecological (green) investments;
3) carbon units - the accounting unit equivalent to one ton of carbon dioxide;
4) ecological (green) investments - investment of the means received from transfer of assigned amount units, management of reserve of amount of quotas of the national plan of distribution of quotas for emissions of greenhouse gases in the projects, programs and actions directed to emission reduction or increase in absorption of greenhouse gases (further - projects).
3. The reserve of assigned amount is transferred to the control the subordinated organization of authorized body in the field of environmental protection (further - the subordinated organization).
4. The transactions made with carbon units within ecological (green) investments, the subordinated organization will approve with authorized body.
5. The means received from transfer of assigned amount units and management of reserve of amount of quotas of the national plan of distribution of quotas for emissions of greenhouse gases are subject to transfer in the republican budget according to the procedure, established by the legislation of the Republic of Kazakhstan.
6. Investment of projects within ecological (green) investments is performed in volume of the means received from realization or use of assigned amount units from reserve and in volume of the means provided in the republican budget for the corresponding year according to the procedure established by the budget legislation.
7. Offers on ecological (green) investments are created on the basis of preliminary research and determination of amount of reserve of assigned amount by authorized body.
8. The authorized body represents offers to the Government of the Republic of Kazakhstan on possibility of assignment of the rights to certain part (parts) of assigned amount units according to the international treaty in the field of climate change for realization of ecological (green) investments.
9. On the basis of the offers provided by authorized body the international treaty on trade in emissions of greenhouse gases, according to the procedure established by the legislation of the Republic of Kazakhstan is signed.
10. Within five working days from the moment of the conclusion of the international treaty on trade in emissions of greenhouse gases the authorized body and its subordinated organization place announcements about carrying out tender on selection of the projects realized within ecological (green) investments in mass media and Internet resources.
11. Legal entities participate in tender.
12. For participation in tender in the subordinated organization projects which provide activities for emission reduction of greenhouse gases or for increase in their absorption move.
13. The applicant of the project submits in the subordinated organization the application and information on participation in tender. The statement is constituted in a free form.
14. Project information shall include:
1) name and general description of the project;
2) the sphere, industry and the sector of economy in which project implementation is planned;
3) place of project implementation;
4) project implementation period;
5) the planned size of emission reduction of greenhouse gases from sources or increase in their absorption as a result of project implementation;
6) the description of technologies, products, and also actions provided by the project;
7) plan of monitoring of the project;
8) contact information of the applicant and other project participants.
15. The documents specified in Item 14 of these rules are accepted within twenty working days from the moment of publication of the announcement of carrying out tender.
16. The subordinated organization performs accounting and registration of all projects submitted applicants and considers the tender documentation.
17. Priority spheres for projects implementation on tender are:
1) energy saving and increase in energy efficiency;
2) support of use of renewable energy resources;
3) reforestation and afforestation;
4) transition to the power sources allowing to reduce emissions of greenhouse gases;
5) decrease in emissions of greenhouse gases by means of decrease in education and waste recycling.
18. Based on the submitted applications and project information the subordinated organization creates the list of projects (further - the list) and sends it within twenty working days from the moment of the end of adoption of documents for consideration to authorized body.
19. The authorized body within ten working days from the moment of receipt of the list considers projects and passes the decision on approval or refusal in investment of projects.
20. The decision on approval of the project is made by authorized body according to criterion of the greatest reducings or absorption of emissions of greenhouse gases.
21. The refusal in investment of the project is accepted in case of discrepancy of the competitive documents of information specified in Item 14 of these rules, or unauthenticity of data submitted by the applicant. The authorized body sends to the applicant the notification on refusal in investment of projects within three working days from the moment of decision making.
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