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ORDER OF THE MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of June 28, 2016 No. 292

About approval of Rules of issue, change and repayment of quotas for emissions of greenhouse gases

(as amended on 03-11-2020)

According to the subitem 30) of article 17 of the Ecological code of the Republic of Kazakhstan of January 9, 2007 I ORDER:

1. Approve the enclosed Rules of issue, change and repayment of quotas for emissions of greenhouse gases.

2. To provide to department on climate change of the Department of Energy of the Republic of Kazakhstan in the procedure established by the legislation:

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

2) the direction of the copy of this order on official publication in periodic printing editions and in information system of law of Ad_let within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan, and also in the Republican state company on the right of economic maintaining "The republican center of legal information";

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 since January 1, 2018 and is subject to official publication.

Minister of Energy of the Republic of Kazakhstan

K. Bozumbayev

Approved by the Order of the Minister of Energy of the Republic of Kazakhstan of June 28, 2016 No. 292

Rules of issue, change and repayment of quotas for emissions of greenhouse gases

Chapter 1. General provisions

1. These rules of issue, change and repayment of quotas for emissions of greenhouse gases (further - Rules) are developed according to the subitem 30) of article 17 of the Ecological code of the Republic of Kazakhstan of January 9, 2007 (further - the Code) and determine procedure for issue, change and repayment of quotas for emissions of greenhouse gases.

2. In these rules the following terms and determinations are used:

1) the basic line - amount of emissions of the greenhouse gases made for the established period;

2) new installations - the installations falling under requirements of Item 1 of article 94-2 of the Code and which were put into operation during action of the National plan of the distribution of quotas for emissions of greenhouse gases approved for the corresponding period (further - the National plan);

3) increase in capacity of installation - increase in annual amount of production, production, conversion and transportation of products;

4) blocking of the account of operator of installation - temporary suspension of use by the operator of installation of the carbon units enlisted into its account before provision of the required documents specified in Item 3 of article 94-2 of the Code;

5) quota for emissions of greenhouse gases - the quantitative amount of regulated emissions of greenhouse gases established for the operator of installation for action of the National plan;

6) specific coefficient of emissions of greenhouse gases - indicator of ratio of emissions of greenhouse gases per unit of products.

3. Other terms and determinations used in these rules are applied according to the legislation of the Republic of Kazakhstan.

Chapter 2. Procedure for issue of quotas for emissions of greenhouse gases

4. For transfer of quotas for emissions of greenhouse gases the operator of installation opens the account in the State register of carbon units according to the Rules of maintaining the state register of carbon units approved by the order of the Minister of environmental protection of the Republic of Kazakhstan of May 10, 2012 No. 147-O (it is registered in the Register of state registration of regulatory legal acts for No. 7702).

5. The quota for emissions of greenhouse gases is enlisted into the account of operator of installation in the State register of carbon units (further - the State register) according to the amounts specified in the National plan within ten working days from the date of its entry into force according to Item 2 of article 94-2 of the Code.

6. The operator of installation till April first of the first year of action of the National plan represents the validirovanny plan of monitoring of emissions of greenhouse gases and the verified passport of installation to authorized body in the field of environmental protection (further - authorized body).

7. In case of non-presentation by the operator of installation of the documents specified in Item 6 of these rules, authorized body within five working days from the date of the termination of term of provision of documents notifies the operator of the State register which is the subordinated organization for regulation of emissions of greenhouse gases of authorized body on blocking of the account of operator of installation before their provision.

8. The plan of monitoring of emissions of greenhouse gases is developed according to form of the plan of monitoring of emissions of greenhouse gases, approved according to the subitem 29) of article 17 of the Code and is subject to validirovaniye.

9. The passport of installation is developed according to form of the passport of the installation approved by the order of the Minister of environmental protection of the Republic of Kazakhstan of May 15, 2013 No. 122-O (it is registered in the Register of state registration of regulatory legal acts for No. 8496), and is subject to verification.

10. The authorized body within fifteen calendar days from the moment of obtaining from the operator of installation of the documents specified in Item 6 of these rules considers them on completeness and compliance to the requirements established by these rules.

11. In case of detection of incompleteness and (or) discrepancy of the submitted documents sends them to completion and notifies the operator of the State register on blocking of the account of operator of installation before submission of modifed documents.

12. On the installation included in the National plan during its action, the operator of installation submits the documents specified in Item 6 of these rules within three months after its inclusion in the National plan.

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