ORDER OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of December 29, 2014 No. 175

About approval of Rules of provision of equal conditions of access to regulated services (goods, works) in the field of natural monopolies

According to the subitem 3) article 7 of the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies", PRIKAZYVAYU:

1. Approve the enclosed Rules of provision of equal conditions of access to regulated services (goods, works) in the field of natural monopolies.

2. To provide to committee on regulation of natural monopolies and protection of the competition of the Ministry of national economy of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order its direction on official publication in periodic printing editions and in information system of law of Ad_let;

3) placement of this order on Internet resource of the Ministry of national economy of the Republic of Kazakhstan.

3. To impose control of execution of this order on the first vice-minister of national economy 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 national economy of the Republic of Kazakhstan of December 29, 2014 No. 175

Rules of provision of equal conditions of access to regulated services (goods, works) in the field of natural monopolies

Chapter 1. General provisions

1. These rules of provision of equal conditions of access to regulated services (goods, works) in the field of natural monopolies (further - Rules) are developed according to the Water Code of the Republic of Kazakhstan of July 9, 2003, the laws of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies", of July 9, 2004 "About power industry", of December 8, 2001 "About rail transport", of July 15, 2010 "About use of airspace of the Republic of Kazakhstan and activities of aircraft", of January 17, 2002 "About merchant shipping" and determine procedure and the general principles of ensuring equal access for consumers to regulated services (goods, works) of subjects of the natural monopolies (further - Subjects) rendering regulated services in the field of transfer and (or) distributions of electrical energy, production of heat energy transfers and (or) distributions of heat energy and technical scheduling of leave in network and consumption of electrical energy, the high-level railway system, sidings, the airports, ports and air navigation, storage, gas transportation or gas condensate on distribution pipelines, operation of gas-distributing installations and the related gas-distributing gas pipelines and water supply and water disposal of systems (further - services).

2. These rules do not extend to cases of provision of services taking into account the privileges and benefits established by the legislation of the Republic of Kazakhstan.

3. In Rules the following concepts are applied:

1) the air operator certificate of civil aircrafts - the document issued by authorized body in the field of civil aviation, certifying the operator's compliance to Rules of certification of operators of civil aircrafts and to certified requirements;

2) the certificate on state registration of the civil aircraft - the document issued by authorized body in the field of civil aviation and confirming entering of the civil aircraft into the State register of civil aircrafts of the Republic of Kazakhstan;

3) the certificate of the flight validity of the civil aircraft - the document issued by authorized body in the field of civil aviation, certifying compliance of the civil aircraft to airworthiness standards;

4)  No. 95 is excluded according to the Order of the Minister of national economy of the Republic of Kazakhstan of 28.02.2017;

5) bare-boat charter - agreement type of chartering on which the freighter shall for the caused payment (freight) to provide to the freighter in ownership and use for certain term the vessels or several vessels which are not equipped and not staffed by crew for transportation of passengers, baggage and loads and other purposes of merchant shipping;

6) the metering device - the technical device intended for accounting of amount of consumption of regulated utilities (goods, works), allowed for use in the procedure established by the legislation;

7) the service provider - the subject of natural monopoly issuing specifications for connection to electric utility power grids, heat supplies, gas supply, and also water supply and water disposal for the purpose of equal access for consumers to regulated services (goods, works);

8) limited handling capacity of siding - the maximum quantity of cars which can be passed on specific siding in unit of time (days, hour) depending on its technical equipment;

9) competent authority - the state body performing management of the corresponding industry (sphere) of public administration;

10) limited handling capacity of the high-level railway system - the maximum quantity of trains (vapor of trains), the established weights and length which can be passed on the specific railway district on stages in unit of time (days, hour) depending on its technical equipment and the accepted method of the organization of train service;

11) the Representative - the organizations making payment for aeronautical servicing of aircrafts of foreign operators;

12) the operator - the physical person or legal entity which is engaged in operation of civil aircrafts or offering the services in this area;

13) regulated services - the services (goods, works) provided by subjects of natural monopolies in the field of natural monopoly and which are subject to state regulation by authorized body according to the legislation on natural monopolies, including cases of provision of services (goods, works) in the form of transfer of certain goods to the consumer;

14) the slot - time allocated at the airport for accomplishment of transactions of arrival or departure of the aircraft of airline in certain date or the period;

15) access to services of subjects of natural monopolies - possibility of consumers of subjects of natural monopolies to use regulated services (goods, works) of subjects of natural monopoly on conditions is at least favorable, than those on which the similar service is provided to other consumers;

16) specifications - the technical requirements necessary for connection to electric utility power grids, heat supplies, gas supply, and also water supply and water disposal for the purpose of equal access for consumers to regulated services (goods, works);

17) the consumer - the physical person or legal entity using or intending to use regulated services (goods, works) of subjects of natural monopoly, and also intending to receive for the purpose of equal access to regulated services (goods, works) specifications on connection of objects to electric utility power grids, heat supplies, gas supply, water supply and water disposal;

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