Unofficial translation
Footnote. The heading as amended by the order of the Minister of Energy of the Republic of Kazakhstan dated 06.09.2023 № 330 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).1. To approve the attached the Model regulations on the commission for distribution of liquified petroleum gas allocated within the framework of the supply plan outside commodity exchanges (further - the Standard provision).
Footnote. Paragraph 1 as amended by the order of the Minister of Energy of the Republic of Kazakhstan dated 06.09.2023 № 330 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).2. In accordance with the procedure established by the legislation of the Republic of Kazakhstan, the Department for the development of Gas Industry of the Ministry of Energy of the Republic of Kazakhstan shall:
1) provide the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;
2) within ten calendar days from the date of state registration of this order, direct it in the Kazakh and Russian languages to the Republican State Enterprise with the Right of Economic Management of the Republican Center of Legal Information of the Ministry of Justice of the Republic of Kazakhstan for official publication and inclusion in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan;
3) place this order on the Internet resource of the Ministry of Energy of the Republic of Kazakhstan;
4) within ten working days after the state registration of this order, direct the data to the Legal Department of the Ministry of Energy of the Republic of Kazakhstan on execution of the actions provided for in subparagraph 1), 2) and 3) of this paragraph.
3. Control over the execution of this order shall be entrusted to the Supervising Vice Minister of Energy of the Republic of Kazakhstan.
4. This order shall enter into force ten calendar days after the day of its first official publication, except for the fourth paragraph of subparagraph 1) of paragraph 5 of the Model Provision, which shall come into effect on January 1, 2019, the second paragraph of subparagraph 1) of paragraph 5 of the Model Provision which shall come into effect on January 1, 2022. The first paragraph of subparagraph 1) of paragraph 5 of the Model Provision shall be valid until December 31, 2021.
Footnote. Paragraph 4 - as amended by the order of the Minister of Energy of the Republic of Kazakhstan dated 30.03.2021 № 107 (shall be enforced ten calendar days after the day of its first official publication).
| Minister of Energy | |
| Republic of Kazakhstan | K. Bozumbayev |
| Approved by order № 372 of the Minister of Energy of the Republic of Kazakhstan dated September 14, 2018 |
Model regulations on the commission for distribution of liquified petroleum gas allocated within the framework of the supply plan outside commodity exchanges
Footnote. The heading as amended by the order of the Minister of Energy of the Republic of Kazakhstan dated 06.09.2023 № 330 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).
Chapter 1 General provisions
1. This Model regulations on the commission for distribution of liquified petroleum gas allocated within the framework of the supply plan outside commodity exchanges (hereinafter referred to as the Model Regulation) has been developed in accordance with subparagraph 18-5) of Article 6 of the Law of the Republic of Kazakhstan "On Gas and Gas Supply" (hereinafter referred to as the Law).
Footnote. Paragraph 1 as amended by the order of the Minister of Energy of the Republic of Kazakhstan dated 06.09.2023 № 330 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).2. The commission for distribution of liquified petroleum gas allocated within the framework of the supply plan outside commodity exchanges (hereinafter - the Commission) shall carry out its activities in accordance with the Constitution of the Republic of Kazakhstan, the laws, acts of the President and the Government of the Republic of Kazakhstan, other regulatory legal acts and this Model regulations.
Footnote. Paragraph 2 as amended by the order of the Minister of Energy of the Republic of Kazakhstan dated 06.09.2023 № 330 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).3. The commission shall be created under local executive bodies.
Chapter 2. Task and functions of the Commission
4. The task of the Commission shall be submission of recommendations on distribution of liquified petroleum gas, allocated within the framework of the supply plan outside commodity exchanges, between recipients of the relevant administrative-territorial unit to the corresponding local executive body.
Footnote. Paragraph 4 as amended by the order of the Minister of Energy of the Republic of Kazakhstan dated 06.09.2023 № 330 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).5. The Commission shall carry out the following functions:
1) considers applications for the supply of liquefied petroleum gas and the distribution project submitted by persons specified in paragraph 5 of Article 27-1 of the Law for their validity, taking into account the forecast consumption of liquefied petroleum gas in the territory of the relevant administrative-territorial unit;
2) approves the project for the distribution of liquefied petroleum gas allocated within the framework of the supply plan to the relevant administrative-territorial unit of the Republic of Kazakhstan, or informs the relevant local executive body about the need to change it.
Footnote. Paragraph 5 as amended by the order of the Minister of Energy of the Republic of Kazakhstan dated 06.09.2023 № 330 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).Chapter 3. Organization of activity of the Commission
6. The Commission shall be comprised of a chairman, a vice-chairman, members of the Commission and a secretary. The Secretary of the Commission shall be determined from among the staff of the working body of the Commission and shall not be a member of it.
7. The Commission is a permanent body and shall consist of an odd number of members, but not less than five members.
8. The Chairman of the Commission shall be the Deputy Akim of the local executive body. During the absence of the Chairman of the Commission, his functions shall be performed by the Vice-Chairman.
9. The commission shall be created by the local executive body from among the representatives of the relevant local executive body, the National Chamber of Entrepreneurs of the Republic of Kazakhstan and other persons, except for persons involved in the sale of liquefied petroleum gas.
Footnote. Paragraph 9 - as amended by the order of the Minister of Energy of the Republic of Kazakhstan dated 05.07.2022 № 229 (shall be enforced ten calendar days after the day of its first official publication).9-1. The local executive body shall annually (the term is counted from the date of approval of the Commission membership) revise and update the Commission’s composition.
Footnote. The standard regulation shall be supplemented with paragraph 9-1 in accordance with Order № 384 of the acting Minister of Energy of the Republic of Kazakhstan dated November 13, 2020 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).9-2. When forming the Commission, the local executive body shall avoid conflict of interests.
The standard regulation shall be supplemented with paragraph 9-2 in accordance with Order № 384 of the acting Minister of Energy of the Republic of Kazakhstan dated November 13, 2020 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).10. The working body of the Commission shall be the respective structural subunit of the local executive body.
11. Meetings of the Commission shall be convened by its chairman as required, but at least once a quarter.
Footnote. Paragraph 11 as amended by the order of the Minister of Energy of the Republic of Kazakhstan dated 06.09.2023 № 330 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).12. Meetings of the Commission shall be deemed duly constituted with more than half of the total number of the Commission members attending.
13. Decisions of the Commission shall be taken in an open vote by a majority of votes of the total number of the Commission members that are present at its meeting.
14. Members of the Commission shall have equal votes in the decisionmaking. In the event of equal votes, the decision for which the Chairman of the Commission voted shall be considered adopted.
15. During the meeting of the Commission video recording shall be carried out, and video recordings of the meetings of the Commission shall be placed on the official Internet resource of the local executive body within three working days from the date of the meeting of the Commission.
16. The Chairman of the Commission shall:
1) convene meetings of the Commission;
2) perform general management of the Commission;
3) plan the work of the Commission;
4) preside at the meetings of the Commission;
5) exercise general control over the implementation of its decisions.
17. Members of the Commission shall:
1) familiarize themselves with the submitted applications of the applicants;
2) familiarize themselves with the project of distribution for the planned period;
3) make proposals regarding applications and the project of distribution;
4) consider issues subject to resolution at a meeting of the Commission;
5) participate in voting on the issues that are in the scope of the Commission’s activity.
Footnote. Paragraph 17 as amended by the order of the Minister of Energy of the Republic of Kazakhstan dated 06.09.2023 № 330 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).18. The Secretary of the Commission shall:
1) form the agenda of the meeting of the Commission;
2) notify the members of the Commission of the date and place of the meeting of the Commission no later than five calendar days before the date of the meeting;
3) ensure the preparation of the required documents and materials, document the minutes of the Commission meeting after it has been held (hereinafter - the Minutes);
4) introduce motions for improving organization of the Commission’s activity.
19. In the event of disagreement with the decision taken, the member of the Commission shall set out his objections in writing, which shall be attached to the Minutes.
20. Decisions of the Commission shall be drawn up in the form of the Minutes that shall be signed by the chairman, deputy chairman, secretary, and the members of the Commission present.
21. The decision of the Commission may be appealed by an interested person in accordance with Article 9 of the Administrative Procedural - Processual Code of the Republic of Kazakhstan;
Footnote. Paragraph 21 as amended by the order of the Minister of Energy of the Republic of Kazakhstan dated 06.09.2023 № 330 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).22. Within three working days from the date of the meeting of the Commission, the Minutes shall be sent to its members and placed on the official Internet resource of the local executive body.