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

of December 2, 2015 No. 752

About approval of some techniques of the authorized body performing management in spheres of natural monopolies

According to the subitem 4) Item 1 of article 13 of the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies" PRIKAZYVAYU:

1. Approve:

1) the Method of calculation of rates (the prices, rates of charges) on regulated services (works) of seaports according to appendix 1 to this order;

2) the Method of calculation of rates (the prices, rates of charges) on regulated services (goods, works) of seaport rendered under the agreement of concession according to appendix 2 to this order;

3)  No. 17 is excluded according to the Order of the Minister of national economy of the Republic of Kazakhstan of 23.01.2017;

4)  No. 17 is excluded according to the Order of the Minister of national economy of the Republic of Kazakhstan of 23.01.2017;

5)  No. 17 is excluded according to the Order of the Minister of national economy of the Republic of Kazakhstan of 23.01.2017;

6)  No. 17 is excluded according to the Order of the Minister of national economy of the Republic of Kazakhstan of 23.01.2017;

7) the Method of calculation of rates (the prices, rates of charges) on the regulated services of railway tracks with objects of rail transport rendered under the agreement of concession according to appendix 7 to this order.

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 the 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.

Appendix 1

to the Order of the Minister of national economy of the Republic of Kazakhstan of December 2, 2015 No. 752

Method of calculation of rates (the prices, rates of charges) on regulated services (works) of seaports

1. General provisions

1. This Method of calculation of rates (the prices, rates of charges) on regulated services (works) of seaports (further – the Technique) is developed according to the Laws of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies", of January 17, 2002 "About merchant shipping", the Special procedure for forming of costs applied in case of approval of rates (the prices, rates of charges) on regulated services (goods, works) of subjects of natural monopolies, approved by the order of the Chairman of the Agency of the Republic of Kazakhstan on regulation of natural monopolies of April 25, 2013 No. 130-OD registered in the Register of state registration of regulatory legal acts for No. 8480 (further – the Special procedure) and other regulatory legal acts of the Republic of Kazakhstan.

2. This Technique determines the mechanism of calculation of rates (the prices, rates of charges) on regulated services (goods) of seaports.

3. In the Technique the following concepts are applied:

ballast waters – the sea waters used for loading of the bunker of the vessel for ensuring the vessel draft, safe for navigation;

gross registered tonnage – the size, the characterizing capacity (amount) of the vessel;

general cargoes – any tare and piece freight, transported on ocean ships by combined batches;

consignment – the certain quantity of freight occupying part of stowage spaces of the vessel, accepted for shipment according to one document and the following in one destination;

transfer of freights – movement of freight from one mode of transport on another through warehouses of port or is direct from one vehicle on another (from rail cars, river crafts, road transport on the ocean ship and vice versa);

raid – the coastal water area which the sizes, with depths and the holding force of soil of bottom provides the anchor parking of the ships and courts;

raid internal – protected by hydraulic engineering constructions;

raid external – unprotected by hydraulic engineering constructions;

ton transaction – is measured by the work of quantity of the overloaded freight in physical tons on quantity of the overload options which passed it;

physical ton – the total amount of the overloaded freight irrespective of quantity of the overload options which passed it.

Other concepts and terms used in this Technique are applied according to the current legislation of the Republic of Kazakhstan.

4. The fundamental principles of the Technique are:

transparency of forming of account and profitable parts of rates (rates of charges) per unit of service (work);

objective reference of indirect costs on regulated services (works) of seaports;

compensation of objectively necessary costs considered when calculating rates (rates of charges) for regulated services (works) of seaports;

regulation of admissible profit level of seaport on the basis of rate arrived to regulated base of the involved assets.

5. Treat the works and services which are carried out by seaport for the purposes of this Technique:

1) the handling works performed by forces and means of seaport;

2) the handling works performed by forces and means of the client;

3) services for calling of the vessel seaport for production of cargo operations and (or) other purposes with the subsequent exit from port (vessel call):

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