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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of June 15, 2017 No. 370

About approval of Rules for apportionment of quotas for emissions of greenhouse gases and forming of reserves of assigned amount and amount of quotas of the National plan of distribution of quotas for emissions of greenhouse gases

(as amended of the Order of the Government of the Republic of Kazakhstan of 31.12.2020 No. 965)

According to the subitem 9) of article 16 of the Ecological code of the Republic of Kazakhstan of January 9, 2007 the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules for apportionment of quotas for emissions of greenhouse gases and forming of reserves of assigned amount and amount of quotas of the National plan of distribution of quotas for emissions of greenhouse gases (further – Rules).

2. Recognize invalid some decisions of the Government of the Republic of Kazakhstan according to appendix to this resolution.

3. This resolution becomes effective after ten calendar days after day of its first official publication, except for subitems 2) and 3) of Item 14, of Items 17, of 18, of 19, of 20, of 21 Rules which become effective since January 1, 2018.

Prime Minister of the Republic of Kazakhstan

B. Sagintayev

Approved by the Order of the Government of the Republic of Kazakhstan of June 15, 2017 No. 370

Rules for apportionment of quotas for emissions of greenhouse gases and forming of reserves of assigned amount and amount of quotas of the National plan of distribution of quotas for emissions of greenhouse gases

Chapter 1. General provisions

1. These rules of distribution of quotas for emissions of greenhouse gases and forming of reserves of assigned amount and amount of quotas of the National plan of distribution of quotas for emissions of greenhouse gases (further – Rules) are developed according to the subitem 9) of article 16 of the Ecological code of the Republic of Kazakhstan of January 9, 2007 (further – the Code) and determine procedure for distribution of quotas for emissions of greenhouse gases and forming of reserves of assigned amount and amount of quotas of the National plan of distribution of quotas for emissions of greenhouse gases (further – the National plan).

2. In the National plan are established the total amount of quotas for emissions of greenhouse gases on regulated fields of activity and the list of installations with the amounts of quotas for emissions of greenhouse gases distributed for them.

3. In these rules the following concepts are used:

1) assigned amount – the total amount of emissions of greenhouse gases taking into account absorption of the greenhouse gases determined within obligations by international treaties of the Republic of Kazakhstan;

2) specific coefficient of emissions of greenhouse gases – indicator of ratio of emissions of greenhouse gases per unit of products;

3) the basic line – amount of emissions of the greenhouse gases made for the established period;

4) the total amount of quotas for emissions of greenhouse gases – the size established in the National plan, calculated according to obligations on restriction and (or) emission reduction of greenhouse gases, distributed in the following regulated fields of activity: oil and gas, electrical power, mining, metallurgical, chemical, processing regarding production of building materials: cement, lime, gypsum and brick.

4. Distribution of quotas for emissions of greenhouse gases is performed for the purpose of ensuring accomplishment of obligations on restriction and (or) emission reduction of greenhouse gases.

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

5. Distribution of quotas for emissions of greenhouse gases on installations is performed on the basis of specific coefficients of emissions of greenhouse gases taking into account obligations on restriction and (or) emission reduction of greenhouse gases.

In the absence of specific coefficients of emissions of greenhouse gases in the list of specific coefficients of emissions of greenhouse gases approved by authorized body (further – the list), distribution of quotas for emissions of greenhouse gases on installations is performed on the basis of application of the basic line taking into account obligations of restriction and (or) emission reduction of greenhouse gases.

6. For the purpose of distribution of quotas for emissions of greenhouse gases for the National plan for the corresponding period the authorized body in the field of environmental protection (further – authorized body) no later than April 1 of the year preceding enforcement of the National plan sends to operators of installations inquiry of the data necessary for calculation of quotas for emissions of greenhouse gases.

The operator of installation represents to authorized body no later than May 1 of the year preceding enforcement of the National plan, the reply to the request specified in the first part of this Item.

In case of non-presentation or incorrectly completed data from installation, distribution of quotas for emissions of greenhouse gases is performed on the basis of data on emissions of carbon dioxide and (or) types, volumes of production for 2013 - 2015.

7. The quotas for installations distributed on the basis of application of the basic line in the National plan for one year are calculated taking into account the average size of amounts of emissions of carbon dioxide of installations in the years determined by the National plan.

8. The quotas for installations distributed on the basis of application of specific coefficients of emissions of greenhouse gases in the National plan for one year are calculated by multiplication of average value of amount of products in the years determined by the National plan on the corresponding specific coefficient of emissions of greenhouse gases, except for the case provided in Item 9 of these rules.

9. The quotas distributed on the basis of application of specific coefficients of emissions of greenhouse gases for the installations which were not performing production in the years determined by the National plan are calculated by multiplication of amount of the planned production during action of the National plan for the corresponding period on specific coefficient of emissions of greenhouse gases according to the list.

The amount of the planned production during action of the National plan for the corresponding period is confirmed by data of production plans, engineering designs and other manufacturing documentation of the operator of installation.

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