ORDER OF THE MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of April 8, 2015 No. 277

About approval of Rules of capacity utilization of main pipelines and railway platforms in case of availability of free throughput

According to the subitem 13) article 18 of the Law of the Republic of Kazakhstan of June 24, 2010 "About subsoil and subsurface use" PRIKAZYVAYU:

1. Approve the enclosed Rules of capacity utilization of main pipelines and railway platforms in case of availability of free throughput.

2. To provide to development department of the oil industry of the Department of Energy 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) the direction on official publication of the copy of this order within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan in periodic printed publicity materials and 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 April 8, 2015 No. 277

Rules of capacity utilization of main pipelines and railway platforms in case of availability of free throughput

1. General provisions

1. These rules of use of throughputs of main pipelines and railway platforms in case of availability of free throughput (further - Rules) are developed according to the subitem 13) of article 18 of the Law of the Republic of Kazakhstan of June 24, 2010 "About subsoil and subsurface use" and determine procedure for capacity utilization of main pipelines and railway platforms in case of availability of free throughput.

2. In Rules the following concepts are applied:

1) the consignor - person performing in the territory of the Republic of Kazakhstan oil extraction according to licenses or contracts for mineral right in the Republic of Kazakhstan or person who acquired it on legal causes, or the person authorized by them using or intending to use regulated services of subjects of natural monopolies in oil transportation in main pipelines and/or draining/filling oil on railway platforms;

2) petrotransport organization - the owner of the main pipeline and/or railway platform rendering oil transportation services on main pipelines and/or draining/filling oil on railway platforms in the field of natural monopolies;

3) products - oil, including stable (unstable) gas condensate, natural gas, associated gas, other liquid and gaseous hydrocarbons, oil products prepared for transportation and corresponding to technical regulations by the corresponding type of products;

4) oil - crude oil, gas condensate, natural gas and associated gas, and also the hydrocarbons received after purification of crude oil, natural gas and processing of combustible slates or resinous sands;

5) transportation of products - process of acceptance, delivery, transfer of products on the main pipeline from Item of its acceptance from the sender to delivery Item to the receiver, draining, filling, transfer of products to other main pipelines, transfers on other mode of transport, storage, mixing;

6) handling capacity of the main pipeline / railway platform - the maximum handling capacity of the pipeline / railway platform established by petrotransport organization proceeding from technical feasibility;

7) free throughputs - handling capacity of the main pipeline / railway platform not used by consignors;

8) regulated services - the services (goods, works) provided by the subject of natural monopoly in the field of natural monopoly and which are subject to state regulation by authorized body including cases of provision of services (goods, works) in form of transmission of certain goods to the consumer;

9) authorized body - the central actuator performing management and cross-industry coordination in the field of the main pipeline.

2. Procedure for capacity utilization of main pipelines and railway platforms in case of availability of free throughput

3. In case of availability of free throughput, distribution of capacities of the main pipeline and railway platform between consignors is made by authorized body.

4. Capacity utilization of main pipelines and railway platforms in case of availability of free throughput is made by distribution of outturns for its transportation according to the rules of forming of the transportation schedule on trunk oil pipelines approved by the subitem 7) of article 6 of the Law of the Republic of Kazakhstan of June 22, 2012 "About the main pipeline" (further - the Law).

5. For oil transportation on main pipelines and on railway platforms, subjects of natural monopoly provide to consignors, necessary regulated services, according to the oil transportation schedule on the trunk oil pipelines approved by the subitem 9) of article 6 of the Law.

6. In case of lack of confirmation about technical feasibility of oil transportation, the authorized body in one-day time informs on it the consignor.

7. In the presence of the throughput of one main pipeline (the site of the main pipeline) and lack of free throughput of other main pipeline (the site of the main pipeline) for the purpose of providing oil supply to oil refineries of the Republic of Kazakhstan, and also gas on the domestic market of the Republic of Kazakhstan and (or) out of its limits, the sender can perform exchange transaction (swap) with written approval of the owner of the main pipeline or person owning the main pipeline on other legal cause and authorized body.

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