of February 2, 2015 No. 51
About approval of Rules of access for oil suppliers to conversion of crude oil and (or) gas condensate, and (or) conversion products
According to the subitem 18) article 7 of the Law of the Republic of Kazakhstan of July 20, 2011 "About state regulation of production and turnover of separate types of oil products" PRIKAZYVAYU:
1. Approve the enclosed Rules of access for oil suppliers to conversion of crude oil and (or) gas condensate, and (or) conversion products.
2. To provide to development department of the oil industry of the Department of Energy of the Republic of Kazakhstan:
1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) the direction on official publication of this order within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan in the periodic printing edition and in information system of law of Ad_let;
3) placement of this order on official Internet resource of the Department of Energy of the Republic of Kazakhstan and on the intranet portal of state bodies;
4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Department of Energy of the Republic of Kazakhstan of data on execution of the actions provided by subitems 2) and 3) of this Item.
3. To impose control of execution of this order on the supervising Vice-Minister of Energy of the Republic of Kazakhstan.
4. This order becomes effective after ten calendar days after day of its official publication.
Minister
B. School student
Approved by the Order of the Minister of Energy of the Republic of Kazakhstan of February 2, 2015 No. 51
1. These rules of access for oil suppliers to conversion of crude oil and (or) gas condensate, and (or) conversion products (further - Rules) are developed according to the subitem 18) of article 7 of the Law of the Republic of Kazakhstan of July 20, 2011 "About state regulation of production and turnover of separate types of oil products" (further - the Law) and determine procedure for access for oil suppliers to conversion of crude oil and (or) gas condensate, and (or) conversion products.
2. In these rules the following concepts are applied:
1) the oil supplier - the physical person or legal entity delivering to producer of oil products, and also the oil refineries located outside the Republic of Kazakhstan, the crude oil and (or) gas condensate which is independently extracted, received by the Republic of Kazakhstan as the taxes paid in natural form according to the tax legislation of the Republic of Kazakhstan, imported or acquired directly at the subsoil user on the conditions established by this Law;
2) producer of oil products - the legal entity having oil refinery on the property right and (or) other legal causes and performing production of oil products according to the passport of production, and also realization of the made own oil products and (or) transfer of the oil products which are raw materials supplied by the customer conversion product;
3) producer of oil products of low power - the producer of oil products performing production of oil products on technology installations which design capacity provides amount of conversion of crude oil and (or) gas condensate less than eight hundred thousand tons per year.
Other concepts used in these rules are applied according to the Law and the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015.
3. Producers of oil products place on the Internet resources information on the list of services in conversion of crude oil and (or) gas condensate, and (or) conversion products for oil suppliers, the prices, rates charges, the nomenclature of the made oil products, and also information on availability of free capacities for oil refining, or information on the beginning of reception of applications on rendering services in conversion of crude oil and (or) gas condensate.
4. For receipt of access to services of the producer of oil products the oil supplier directs to producer of oil products by mail the registered mail or purposely the statement to rendering services in conversion of crude oil and (or) gas condensate, and (or) conversion products in writing (further - the statement). The documents confirming observance of the requirements specified in Item 11 of these rules are enclosed to the application.
5. The producer of oil products in case of receipt of the statement registers it in the magazine of registration of statements which is numbered, strung together and under seal producer of oil products. In the magazine of registration of statements date and time of receipt of statements, and also its registration number are fixed.
6. The producer of oil products puts down on the copy of the application of the oil supplier the corresponding stamp with indication of registration number, date and time of receipt of the statement.
7. In case of refusal the oil supplier from services of the producer of oil products in conversion of crude oil and (or) gas condensate, and (or) conversion products the producer of oil products provides the corresponding services to the oil supplier following on priority whose statement is registered in the magazine of registration.
8. In case of submission of the statement by the oil supplier the producer of oil products informs him on the rendered services in conversion of crude oil and (or) gas condensate, and (or) conversion products, on their cost, on the nomenclature of the made oil products, on receipt of access to services in conversion of crude oil and (or) gas condensate, and (or) conversion products, on restrictions of production capacity of the producer of oil products on conversion of crude oil and (or) gas condensate, and (or) conversion products.
9. In case of consideration of the application the producer of oil products considers the delivery schedule of crude oil and (or) gas condensate approved by authorized body according to the subitem 1) of article 4 of the Law. With free capacity at producer of oil products of service in conversion of crude oil and (or) gas condensate, and (or) products of conversion it are provided to the oil supplier according to the priority specified in the magazine of registration of statements.
10. The statement of the oil supplier on receipt of services in conversion of crude oil and (or) gas condensate, and (or) products of conversion is accepted by producer of oil products on equal terms, irrespective of the declared amount.
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