ORDER OF THE MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of February 12, 2015 No. 77

About approval of Rules of participation of subjects of administration in realization of project mechanisms in the field of regulation of emissions and absorption of greenhouse gases

According to item 4 of article 94-6 of the Ecological code of the Republic of Kazakhstan of January 9, 2007, I ORDER:

1. Approve the enclosed Rules of participation of subjects of administration in realization of project mechanisms in the field of regulation of emissions and absorption of greenhouse gases.

2. To provide to department on climate change 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 periodic printing editions and in information system of law of Ad_let;

3) placement of this order on 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 first official publication.

Approved by the Order of the Minister of Energy of the Republic of Kazakhstan of February 12, 2015 No. 77

Rules of participation of subjects of administration in realization of project mechanisms in the field of regulation of emissions and absorption of greenhouse gases

1. General provisions

1. These rules of participation of subjects of administration in realization of project mechanisms in the field of regulation of emissions and absorption of greenhouse gases (further - Rules) are developed according to item 4 of article 94-6 of the Ecological code of the Republic of Kazakhstan (further - the Code) and determine procedure for participation of subjects of administration in realization of project mechanisms in the field of regulation of emissions and absorption of greenhouse gases.

2. In these rules the following concepts are used:

1) subjects of administration of users of nature - the legal entities performing the activities connected with emissions of greenhouse gases which amount does not exceed equivalent of twenty thousand tons of carbon dioxide a year, in the following industries of economy: oil and gas, energy, mining and metallurgical, chemical, in agricultural industry, transport, and also in housing and communal services;

2) the investor of the project - the project participant, directed to emission reduction and absorption of greenhouse gases, performing its target financing based on the contract with the operator of the project;

3) the operator of the project - the project participant, directed to emission reduction and absorption of greenhouse gases, exercising process control of its realization.

3. The procedure for realization of project mechanisms in the field of regulation of emissions and absorption of greenhouse gases is determined by authorized body in the field of environmental protection (further - authorized body) according to the subitem 29) of article 17 of the Code.

2. Procedure for participation of subjects of administration in realization of project mechanisms in the field of regulation of emissions and absorption of greenhouse gases

4. Subjects of administration participate in projects on mechanisms of joint implementation, net development only after passing by the Republic of Kazakhstan of the international procedures for determination of assigned amount according to the Framework Convention of the United Nations on climate change ratified by the Presidential decree of the Republic of Kazakhstan of May 4, 1995 No. 2260, and submissions of the relevant data on the country in the international register of transactions.

5. Subjects of administration participate in realization in the territory of the Republic of Kazakhstan of projects on the mechanism of internal emission reduction, determined according to the procedure according to the subitem 29) of article 17 of the Code.

6. Subjects of administration participate in quality of operators or investors of internal projects on emission reduction of greenhouse gases.