ORDER OF THE MINISTER OF INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of February 1, 2017 No. 62

About approval of non-discriminatory method of calculation of rates (the prices, rates of charges) on the services of air navigation and the airports referred to the sphere of natural monopolies

According to the subitem 7) article 15-1 of the Law of the Republic of Kazakhstan of July 15, 2010 "About use of airspace of the Republic of Kazakhstan and activities of aircraft" PRIKAZYVAYU:

1. Approve:

1) non-discriminatory method of calculation of rates (the prices, rates of charges) on the services of air navigation referred to the sphere of natural monopolies taking into account service quality according to appendix 1 to this order;

2) non-discriminatory method of calculation of rates (the prices, rates of charges) on the services of air navigation referred to the sphere of natural monopolies taking into account conducting separate accounting of the income, costs and the involved assets according to appendix 2 to this order;

3) non-discriminatory method of calculation of rates (the prices, rates of charges) on the services of the airports referred to the sphere of natural monopolies taking into account service quality according to appendix 3 to this order;

4) non-discriminatory method of calculation of rates (the prices, rates of charges) on the services of the airports referred to the sphere of natural monopolies, rendered under the agreement of public-private partnership, including under the agreement of concession according to appendix 4 to this order.

2. To provide to committee of civil aviation of the Ministry for Investments and Development of the Republic of Kazakhstan: state registration of this order in the Ministry of Justice 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 from the date of state registration of this order the direction it the copy in printing and electronic type in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) within ten calendar days after state registration of this order the direction it the copy on official publication in periodic printing editions;

4) placement of this order on Internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan;

5) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry for Investments and Development of the Republic of Kazakhstan of data on execution of actions, according to subitems 1), 2), 3) and 4) this Item.

3. To impose control of execution of this order on the supervising vice-minister of investments and development of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

It is approved Minister of national economy of the Republic of Kazakhstan February 28, 2017

__________________ T. Suleymenov

Appendix 1

to the Order of the Minister of investments and development of the Republic of Kazakhstan of February 1, 2017 No. 62

Non-discriminatory method of calculation of rates (the prices, rates of charges) on the services of air navigation referred to the sphere of natural monopolies taking into account service quality

Chapter 1. General provisions

1. This non-discriminatory method of calculation of rates (the prices, rates of charges) on the services of air navigation referred to the sphere of natural monopolies taking into account service quality (further - the Technique) is developed according to the subitem 7) of article 15-1 of the Law of the Republic of Kazakhstan of July 15, 2010 "About use of airspace of the Republic of Kazakhstan and activities of aircraft", the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies" and the Convention on the international civil aviation ratified by the resolution of the Supreme Council of the Republic of Kazakhstan of July 2, 1992.

2. This Technique is intended for determination of the mechanism of calculation of rates for the services of air navigation referred to the sphere of natural monopolies taking into account service quality.

3. This Technique is applied only in case of establishment by authorized body in the field of civil aviation of the fact of decline in quality of aeronautical servicing - discrepancy of properties of aeronautical servicing, to the established requirements and (or) emergence of incident because of the aeronautical organization.

4. In the Technique the following concepts and reducings are applied:

1) aeronautical servicing - the complex servicing connected with servicing of air traffic, operation of the radio engineering equipment and means of communication, meteorological and search and rescue ensuring flights, provision of aeronautical information;

2) properties of aeronautical servicing - feature (characteristic) of elements of aeronautical servicing which are component of quality of aeronautical servicing;

3) services - regulated services (goods, works) of the subject of natural monopoly in the field of air navigation.

4) quality - cumulative assessment of characteristics of aeronautical servicing of the requirements established by International Civil Aviation Organization (further - ICAO), state bodies;

5) authorized body - authorized body in the field of civil aviation;

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

5. Calculation of the rates taking into account service quality rendered by subjects of natural monopolies in the field of services of air navigation is based on the following basic principles:

1) assessment of degree of discrepancy of the properties of aeronautical servicing relatively established by ICAO of requirements (standards), and also which are within the competence of authorized body in the field of civil aviation of requirements (standards);

2) dependence of level of rate for services of air navigation taking into account service quality, natural monopolies rendered by subjects in the field of services of air navigation, from degree of discrepancy of properties of aeronautical servicing concerning the established requirements (standards);

3) application of rate for services of air navigation taking into account service quality, natural monopolies rendered by subjects in the field of services of air navigation, to the consumer to whom the service inappropriate to properties of aeronautical servicing concerning the established requirements (standards) is rendered.

6. The facts of decline in quality of the services rendered by subjects of natural monopolies in the field of services of air navigation it is established to authorized bodies in the field of civil aviation, for incidents according to the Rules of investigation of aviation incidents and incidents in civil and experimental aviation approved by the order of the Minister of investments and development of the Republic of Kazakhstan of July 27, 2017 No. 505 (it is registered in the Register of state registration of regulatory legal acts for No. 15597).

Chapter 2. Calculation of rates in case of decline in quality of the services rendered by subjects of natural monopolies in the field of services of air navigation

7. In case of decline in quality of the services rendered by subjects of natural monopolies in the field of services of air navigation the profit share in applicable fare decreases by services of air navigation.

8. Rates for services of air navigation in case of decline in quality of the services rendered by subjects of natural monopolies in the field of services of air navigation it is determined by the following formula:

Tki = Ti - (1 - To) *Pi

where:

Tki - rate for i-y type of service of air navigation taking into account service quality of aeronautical servicing;

Ti - applicable fare on i-y type of service of air navigation;

To - lowering coefficient to size arrived in applicable fare to i-y type of service of air navigation;

Pi - size arrived in the applicable fare approved by authorized body in the field of civil aviation to i-y type of service of air navigation.

9. The lowering coefficient to profit size in applicable fare on i-y type of service of air navigation To is determined according to the table of determination of size of the profit specified in appendix to this Technique.

Chapter 3. Final provisions

10. For the purpose of compensation for decline in quality of the rendered services of air navigation recalculation of payment taking into account quality of aeronautical servicing on the basis of the rates calculated by this Technique is made.

11. The standard rate of assignment of part of net income of the republican state companies approved by the order of the Minister of national economy of the Republic of Kazakhstan of February 25, 2015 No. 134 (registered in the Register of state registration of regulatory legal acts for No. 10545) is considered when calculating rate for services of air navigation.

Appendix

to the Non-discriminatory method of calculation of rates (the prices, rates of charges) on the services of air navigation referred to the sphere of natural monopolies taking into account service quality

The table of determination of size arrived

Assessment of degree of service quality, the natural monopolies rendered by subjects in the field of services of air navigation (quality of aeronautical servicing)	Lowering coefficient to size arrived in applicable fare to i-y type of service of air navigation, To
Discrepancy of the properties of aeronautical servicing, to the established requirements which did not entail emergence of incident	from 1 to 0,75
Discrepancy of the properties of aeronautical servicing, to the established requirements which entailed emergence of incident which could affect safety of flight	from 0,75 to 0,5
Discrepancy of the properties of aeronautical servicing, to the established requirements which entailed emergence of incident which affected safety of flight	from 0,5 to 0,1

 

Appendix 2

to the Order of the Minister of investments and development of the Republic of Kazakhstan of February 1, 2017 No. 62

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