ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of August 10, 2012 No. 1041

About approval of Rules of retail sale and use of the commodity and liquefied oil gas

According to the subitem 13) of article 5 of the Law of the Republic of Kazakhstan of January 9, 2012 "About gas and gas supply" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of retail sale and use of the commodity and liquefied oil gas.

2. Recognize invalid some decisions of the Government of the Republic of Kazakhstan according to appendix to this resolution.

3. This resolution becomes effective after ten calendar days after the first official publication.

Approved by the order of the Government of the Republic of Kazakhstan of August 10, 2012 No. 1041

Rules of retail sale and use of the commodity and liquefied oil gas

These rules of retail sale and use of the commodity and liquefied oil gas (further - Rules) are developed according to the Law of the Republic of Kazakhstan of January 9, 2012 "About gas and gas supply" (further - the Law) and determine procedure for retail sale and use commodity and liquefied oil by gases.

1. General provisions

1. In these rules the following basic concepts are used:

1) gas - commodity gas and (or) the liquefied oil gas;

2) gas over-expenditure - selection by the consumer of gas in the amount exceeding standard daily rate of delivery (consumption) of gas;

3) technology inventory of gas in the gas pipeline - necessary minimum amount of gas in the gas pipeline for providing operating mode of gas transportation;

4) collection point (transfers) for gas - delivery point (transportations) of gas, as a rule, equipped with the gas metering device, determined in agreements between the supplier, the gas transmission, gas-distributing organizations and the consumer;

5) average daily regulation of delivery (consumption) of gas - the gas amount determined by division of monthly amount of the gas established by the agreement on the number of calendar days of the corresponding month;

6) gas-transport system - the system of gas pipelines including the trunk gas pipelines, gas-distribution system which are at the gas transmission, gas-distributing organization in property or on other legal causes;

7) standard daily rate of delivery (consumption) of gas - the daily amount of gas established by the dispatching schedule by agreement of the parties;

8) gas consumption armor - the minimum amount of gas consumption necessary for uninterrupted and accident-free, on condition of the maximum use of reserve types of fuel, operation of processing equipment of consumers, supply of gas which according to the laws and other regulatory legal acts of the Republic of Kazakhstan, cannot be stopped or to be lower than this minimum amount;

9) the dispatching schedule - the hourly delivery schedule of gas according to the request submitted the supplier to the transporter;

10) settlement period - the period for which the amount of delivered gas is determined settlement between the supplier, the gas transmission, gas-distributing, gas-network organizations and the consumer for delivered gas is made. The settlement period approved by the parties is specified in the agreement;

11) delivery - activities for retail sale of gas;

12) the supplier - person enabling retail sale of gas on the conditions established by the Law and these rules;

13) the transporter - the gas transmission or gas-distributing organization;

14) specifications - the document issued by the gas-distributing or gas-network organization on construction of facilities of gas supply system, connection of the consumer in required (settlement) parameters, change of the initial project solution of object of gas supply system;

15) the consumer - residential, household or industrial consumer;

16) authorized body - the central executive body performing state regulation of production, transportation (transportation), storage and wholesale of gas, and also retail sale and consumption of the commodity and liquefied oil gas outside borders of settlements.

Other terms and determinations used in these rules are applied according to the Law.

2. Procedure for retail sale of commodity gas

2. Suppliers of commodity gas to consumers are:

1) national operator;

2) gas-distributing organizations;

3) owners of autogas-filling compressor stations;

4) producers of commodity gas, the subsoil users who are owners of the commodity gas made in the course of conversion of the sour gas extracted by them, owners of the commodity gas made outside the territory of the Republic of Kazakhstan and imported for consumption on the territory of the Republic of Kazakhstan in case of retail sale of commodity gas to industrial consumers whose gas-consuming systems are connected directly to the main or connecting gas pipeline.

3. Industrial and household consumers acquire commodity gas at suppliers based on the agreements signed according to the civil legislation of the Republic of Kazakhstan.

4. Agreements of retail sale of commodity gas between suppliers and residential customers consist according to the standard agreement approved by the Government of the Republic of Kazakhstan.

5. Residential customers can delegate in the procedure established by the legislation the powers according to the conclusion of the agreement to the cooperative of owners of apartments or other physical person or legal entity exercising control of object of condominium. At the same time, the authority delegation according to the conclusion of the agreement is, as a rule, drawn up by the request of the residential customer (residential customers) sent to supplier address or the protocol of general meeting of members of condominium.

6. The possibility of gasification of consumers is determined by the transporter taking into account handling capacity of trunk gas pipeline and gas distribution networks.

7. Conditions of the conclusion of the agreement of retail sale of commodity gas are availability of legal and technical (technology) conditions for proper supply of gas, including:

1) from the consumer - availability of allowing documents on operation of gas-consuming systems (specifications, the project of gas supply, the passport of the gas-consuming equipment), the signed agreement of maintenance of gas-consuming systems;

2) from the supplier - availability of the supporting document about the corresponding amount of gas (the agreement of purchase of gas).

The procedure for issue of specifications is developed and affirms authorized body.

8. In the absence of the conditions established in Item 7 of these rules, the parties do not sign the agreement or stop its action before emergence of such conditions.

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