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LAW OF TURKMENISTAN

of May 4, 2013, No. 394-IV

About the main pipeline transport

(as amended of the Law of Turkmenistan of 08.06.2019 No. 153-VI)

This Law establishes legal, economic and organizational basis of the relations arising during creation, functioning and development of the main pipeline transport.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

B this Law are used the following basic concepts:

1) the main pipeline transport - the mode of transport intended for transportation of products through special pipelines. The main pipeline transport consists from technologically, organizationally and economically independent main pipelines, systems of the main pipeline transport;

2) the main pipeline - the single indivisible property production and technological complex consisting of the underground, subsea, surface and above-ground pipelines and other technological objects providing safe transportation of products from Item of its acceptance by the operator to delivery Item to the consumer, technological storage or transfer (transfer) on other mode of transport. Set technologically, organizationally and economically interconnected and on a centralized basis the managed main pipelines and technological objects relating to them forms system of the main pipeline transport;

3) products - the hydrocarbon resources got and prepared for transportation oil products;

4) preservation of the main pipeline - package of measures for protection of objects of the main pipeline against negative impacts of the environment and other factors in case of temporary conclusion of the main pipeline from operation;

5) providing ecological safety - package of measures for environmental protection from negative impact of activities for operation of the main pipeline on life and health of citizens and the environment;

6) the operator of the main pipeline - the legal entity exercising technological and dispatcher control of the main pipeline, its operation;

7) the conservation zone of the main pipeline - the territory adjacent to the main pipeline necessary for ensuring safe operation of the main pipeline. In the conservation zone of the main pipeline the Cabinet of Ministers of Turkmenistan establishes special conditions of land use;

8) the sender of products - physical person or legal entity, the person who is the owner of products, or authorized by it providing products for transportation by the main pipeline;

9) the consumer of products - the physical person or legal entity performing acceptance of products from the operator from the main pipeline;

10) technical corridor - the limited territory within the conservation zone of the main pipeline on which are located or the main pipeline belonging to the organization of the main pipeline transport and energy or other transport communications of other organizations are crossed.

Article 2. Legislation of Turkmenistan on the main pipeline transport

1. The legislation of Turkmenistan on the main pipeline transport is based on the Constitution of Turkmenistan, consists of this Law and other regulatory legal acts of Turkmenistan.

2. If the international treaty of Turkmenistan establishes other rules than provided in this Law, then rules of the international treaty are applied.

Article 3. Coverage of this Law

Operation of this Law extends to the relations arising in design process, constructions, operation, conclusion from operation of objects of the main pipeline transport in the territory of Turkmenistan, except for the relations arising in the field of pipeline transport according to the Law of Turkmenistan "About hydrocarbon resources".

Article 4. The basic principles of activities in the field of the main pipeline transport

The basic principles of activities in the field of the main pipeline transport are:

1) priorities of safety of the population and state, environment protection;

2) respect for interests of subjects of the relations in the field of the main pipeline transport;

3) state regulation of activities in the field of the main pipeline transport;

4) use of the latest technologies and the equipment during the designing, construction, reconstruction and operation of main pipelines;

5) publicity of investment policy, pricing in the field of products transportation services main pipelines;

6) obligation of indemnification (damage) caused by activities in the field of the main pipeline transport to the environment, legal entities or physical persons.

Article 5. Property right to main pipelines

1. Main pipelines are state-owned property.

2. Main pipelines are assigned to the state legal entities of Turkmenistan on the right of economic maintaining or operational management, and in the cases established by the legislation of Turkmenistan can be transferred to their possession.

Chapter 2. State regulation and management in the field of the main pipeline transport

Article 6. The bodies performing state regulation in the field of the main pipeline transport

State regulation in the field of the main pipeline transport is performed by the Cabinet of Ministers of Turkmenistan, authorized state bodies in the field of production, conversion and transportation of hydrocarbon resources (further - authorized bodies) and local executive bodies according to the legislation of Turkmenistan.

Article 7. Competence of the Cabinet of Ministers of Turkmenistan in the main pipeline transport

The Cabinet of Ministers of Turkmenistan in the field of the main pipeline transport:

1) determines state policy in the field of the main pipeline transport;

2) approves state programs of development of the main pipeline transport;

3) determines the sizes of the parcels of land provided for construction and operation of production and technological objects of the main pipeline and procedure for their use;

4) creates price policy on services of the main pipeline transport;

5) is established by procedure for development and implementation of measures for actions of the companies, organizations of the main pipeline transport in emergency situations;

6) will be organized by international cooperation in the field of the main pipeline transport;

7) performs other powers within its competence.

Article 8. Competence of authorized bodies in the main pipeline transport

Authorized bodies in the field of the main pipeline transport:

1) realize state policy in the field of the main pipeline transport;

2) are developed and realize state programs of development of the main pipeline transport;

3) participate in project development of the regulatory legal acts of Turkmenistan directed to realization of state policy in the field of the main pipeline transport;

4) determine structure of the main pipeline transport;

5) exercise control of safety of objects of the main pipeline transport;

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