On Energy Saving and increase of Energy Efficiency

Updated Unofficial translation

The Law of the Republic of Kazakhstan dated 13 January 2012 No. 541-IV.

      Footnote. Throughout the text, the words "customs union", "of customs union" shall be replaced by the words "Eurasian Economic Union" in accordance with the Law of the Republic of Kazakhstan dated 26.12.2017 No. 124-VI (shall be enforced from 01.01.2018).

      This Law regulates public relations and determines legal, economic and organizational grounds of activity of individuals and legal entities in the field of energy saving and increase of energy efficiency.

Chapter 1. GENERAL PROVISIONS

Article 1. Basic definitions used in this Law

      The following basic definitions are used in this Law:

      1) is excluded by the Law of the Republic of Kazakhstan dated 29.03.2016№ 479-V (shall be enforced upon expiry of twenty one calendar days after the day its first official publication);
      1-1) is excluded by the Law of the Republic of Kazakhstan dated 17.11.2015 № 407-V (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      2) subjects of quasi-public sector – state enterprises, limited liability partnerships, joint stock companies, as well as national management holdings, national holdings, national companies, the participant or shareholder of which is the state, as well as daughter, dependent and other legal entities that are affiliated with them in accordance with the legislative acts of the Republic of Kazakhstan;

      3) State Energy Register – systematic collection of information on the subjects of the State Energy Register;

      4) is excluded by the Law of the Republic of Kazakhstan dated 17.11.2015 № 407-V (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      5) the subjects of the State Energy Register- individual entrepreneurs and legal entities consuming energy resources in the volume amount equivalent to one thousand five hundred or more tons of nominal fuel per year, as well as state institutions, quasi-public sector entities and natural monopolies consuming energy resources in the volume equivalent to one hundred and more tons of nominal fuel per year;

      5-1) training Center - a legal entity carrying out activities in the field of retraining and (or) improving the skills of personnel engaged in energy saving and increase of energy efficiency;

      6) thermal modification – the measure on improvement of heat thermal technical characteristics of a building, structure and construction bringing to decrease of heat energy loss;

      7) energy efficiency class of a building, structure, construction – level of economic efficiency of energy consumption of a building, structure, construction characterizing its energy efficiency at the stage of operation;

      8) equivalent fuel – a unit accepted upon technical economic calculations specified in normatives and standards serving for correlation of a heat value of different types of organic fuels;

      9) energetic audit (energy audit) – collection, processing and analysis of data on using energy resources for the purpose of assessment of a possibility and potential of energy saving and preparation of a conclusion;

      10) energy resources – set of natural and produced carries of energy, reserved energy of which is used at the present time or may be used in a prospective in economic and other types of activity, as well as types of energy (atomic, electrical, chemical, electro-magnetic, heat and other types of energy);

      11) effective use of energy resources – achievement of technically possible and economically viable level of using energy resources;

      12) energy efficiency – consumption of energy resources for a production unit;

      12-1) energy audit organization - a legal entity conducting energy audit;

      12-2) energy auditor - an individual havinga certificate of an energy auditor in the field of energy saving and increase of energy efficiency;

      12-3) energy service company – a legal entity performing works (services) in the field of energy saving and increase of energy efficiency, as well as with involvement of contracting organizations on account of own and (or) attracted funds within the energy service contract;

      13) energy efficiency class of electrical energy consuming device – level of economic efficiency of energy consumption of electrical energy consuming device characterizing its energy efficiency at the stage of operation;

      14) energy saving – realization of organizational, technical, technological, economic and other measures oriented to decrease of the volume of used energy resources;

      15) is excluded by the Law of the Republic of Kazakhstan dated 29.03.2016№ 479-V (shall be enforced upon expiry of twenty one calendar days after the day its first official publication);

      16) is excluded by the Law of the Republic of Kazakhstan dated 14.01.2015 No. 279-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication);

      16-1) is excluded by the Law of the Republic of Kazakhstan dated 17.11.2015 № 407-V (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      17) authorized body in the field of energy saving and increase of energy efficiency (hereinafter – authorized body) – a central executive body carrying out management in the field of energy saving and increase of energy efficiency;

      17-1) energy efficiency map - a single republican list of energy saving and energy efficiency projects, indicating the sources of financing, schedules and action plans for their implementation;

      18) is excluded by the Law of the Republic of Kazakhstan dated 14.01.2015 No. 279-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication);

      19) energy saving equipment – the equipment enabling to increase efficiency of using energy resources;

      20) energy saving material – the material enabling to increase efficiency of using energy resources.

      Footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated 14.01.2015 No. 279-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 17.11.2015 № 407-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 29.03.2016№ 479-V (shall be enforced upon expiry of twenty one calendar days after the day its first official publication).

Article 2. Legislation of the Republic of Kazakhstan on energy saving and increase of energy efficiency

      1. Legislation of the Republic of Kazakhstan on energy saving and increase of energy efficiency is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

      2. If international treaty ratified by the Republic of Kazakhstan establishes other rules than those contained in this Law, the rules of the international treaty shall be applied.

Chapter 2. STATE REGULATION IN THE FIELD OF ENERGY SAVING AND INCREASE OF ENERGY EFFICIENCY

Article 3. Basic directions of state regulation in the field of energy saving and increase of energy efficiency

      Basic directions of state regulation in the field of energy saving and increase of energy efficiency are:

      1) carrying out of technical regulation in the field of energy saving and increase of energy efficiency;

      2)carrying out of a balanced tariff policy and price formation in the field of production and consumption of energy resources;

      3) stimulation of energy saving and increase of energy efficiency including use of energy saving equipment and materials;

      4) carrying out of state control of efficient use of energy resources;

      5) propaganda of economic, environmental and social advantages of efficient use of energy resources, increase of public educational level in this field;

      6) ensuring of compliance with the legislation of the Republic of Kazakhstan on energy saving and increase of energy efficiency.

Article 4. Competence of the Government of the Republic of Kazakhstan

      The Government of the Republic of Kazakhstan shall:

      1) develop basic directions of the state policy in the field of energy saving and increase of energy efficiency;

      2) carry out a coordination of works on energy saving and increase of energy efficiency;

      3) carry out an international cooperation in the field of energy saving and increase of energy efficiency;

      4) – 15) are excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication);

      16) is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);

      17) is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication);

      18) is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication);

      19) is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication);

      20) perform other functions imposed on it by the Constitution, Laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

      Footnote. Article 4 as amended by the Laws of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 5. Competence of the authorized body

      Authorized body shall:

      1) implement the state policy in the field of energy saving and increase of energy efficiency;

      2) carry out an international cooperation in the field of energy saving and increase of energy efficiency within the competence;

      3) carry out a cross-sector coordination of activity of the state bodies in the field of energy saving and increase of energy efficiency;

      4) determine the procedure for the formation and maintenance of the State Energy Register;

      5) carry out state control in the field of energy saving and energy efficiency improvement;

      6) develop and approve regulatory legal acts in the field of energy saving and increase of energy efficiency;

      6-1) approve the list of information-measuring complexes and technical means necessary for carrying out activities in the field of energy saving and increase of energy efficiency;

      6-2) approve energy consumption standards, standard values of power coefficient in electrical networks of the subjects of the State Energy Register;

      6-3) is excluded by the Law of the Republic of Kazakhstan dated 14.01.2015 No. 279-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication);

      6-4) define a national development institution in the field of energy saving and increase of energy efficiency;

      6-5) approve the mechanism of assessing activity of local executive bodies on the issues of energy saving and increase of energy efficiency;

      6-6) establish requirements on energy efficiency of buildings, structures, constructions and their elements being a part of building envelopes;

      6-7) establish requirements on energy efficiency of a transport;

      6-8) establish requirements on energy efficiency of technological processes, equipment as well as electrical equipment;

      6-9) approve the rules of determination and review of energy efficiency classes of buildings, structures, constructions;

      6-10) approve the procedure for conduct of energy audit;

      6-11) approve the requirements on energy saving and increase of energy efficiency submitted to the design (design-estimate) documentation of buildings, structures, constructions;

      6-12) approve the requirements to the form and content of a plan of measures on energy saving and increase of energy efficiency developed by a subject of the State Energy Register following the results of energy audit;

      6-13) determine procedure for activity of training centres;

      6-14) approve the form and terms of representing the reports on implementing the state policy in the field of energy saving and increase of energy efficiency by the central executive bodies;

      7) develop and approve the form of a prescription on eliminating violation of the requirements of the legislation of the Republic of Kazakhstan on energy saving and increase of energy efficiency;

      8) is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);

      9) form and place the list of subjects of the State Energy Register on own website not ensuring annual decrease of the volume of consumption of energy resources, water for a production unit, area of buildings, structures and constructions up to the sizes determined following the results of energy audit, as well as including the state institutions not complying with consumption standards;

      10) coordinate the formation, maintenance and implementation of energy efficiency map, conduct research, development and technological work in the field of energy saving and increase of energy efficiency;

      11) is excluded by the Law of the Republic of Kazakhstan dated 13.01.2014 No. 159-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication);

      12) is excluded by the Law of the Republic of Kazakhstan dated 29.03.2016№ 479-V (shall be enforced upon expiry of twenty one calendar days after the day its first official publication);

      12-1) conduct certification of candidates for energy auditors;

      13) maintain a register of legal entities carrying out activities in the field of energy saving and increase of energy efficiency;

      13-1) develop and approve authorization requirements and a list of documents, required for issuance of an energy auditor certificate in the field of energy saving and energy efficiency improvement;

      13-2) maintain a register of energy auditors;

      13-3) determine the procedure for attesting candidates for energy auditors;

      13-4) is excluded by the Law of the Republic of Kazakhstan dated 17.11.2015 № 407-V (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      13-5)is excluded by the Law of the Republic of Kazakhstan dated 17.11.2015 № 407-V (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      13-6) approve the form of the energy audit certificate in the field of energy saving and increase of energy efficiency;

      13-7) approve the form of marking buildings, structures, facilities for energy efficiency;

      14) is excluded by the Law of the Republic of Kazakhstan dated 14.01.2015 No. 279-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication);
      15) is excluded by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication);

      15-1) develop and approve training modules and places in concurrence with the authorized body in the field of education;

      15-2) establish requirements on energy efficiency of construction materials, products and constructions;

      16) carry out a monitoring of implementing the state policy in the field of energy saving and increase of energy efficiency, conduct analysis of represented reports by the central authorized bodies in form and in terms established by the authorized body;

      17) develop and approve the standard form agreement in the field of energy saving and increase of energy efficiency;

      17-1) approve standard forms of energy service contract;

      17-2) define the procedure for the formation and maintenance of the energy efficiency map, selection and inclusion of projects in the energy efficiency map;

      17-3) determine the procedure for analysis of energy audit conclusions;

      18) is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015);

      19) is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication);

      20) exercise other powers provided by this Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

      Footnote. Article 5 as amended by the Laws of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.01.2014 No. 159-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015); dated 14.01.2015 No. 279-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 17.11.2015 № 407-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 29.03.2016 № 479-V (shall be enforced upon expiry of twenty one calendar days after the day its first official publication); dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication);.

Article 6. Competence of other state bodies in the field of energy saving and increase of energy efficiency

      1. Central executive bodies shall implement the state policy within the competence in the field of energy saving and increase of energy efficiency and represent the reports on energy saving and increase of energy efficiency to the authorized body in form and in terms established by the authorized body.

      2. Authorized state body on affairs of architecture, urban planning and construction shall:

      1) ensure compliance with requirements on energy saving and increase of energy efficiency in architectural construction and other predesign and (or) design (design-estimate) documentation developed and approved for the purpose of reconstruction, construction of buildings, structures, constructions;

      2) ensure development and approval of predesign and (or) design (design-estimate) documentation of standard multifamily houses considering the thermal modification;

      3) exercise other powers provided by this Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

      3. Authorized state body in the field of technical regulation shall:

      1) carry out state control over the designation of the class and characteristics of energy efficiency in technical documentation and on the label of electrical energy-consuming devices in accordance with the technical regulations of the Eurasian Economic Union;

      2) exercise other powers provided by this Law, other Laws of the Republic of Kazakhstan, the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

      4. Local executive bodies of oblasts shall:

      1) ensure inclusion of measures on energy saving and increase of energy efficiency to the development program of the relevant territory;

      2) implement the state policy within the competence in the field of energy saving and increase of energy efficiency;

      3) carry out a monitoring within the competence of compliance with the energy consumption standards by the state institutions;

      4) carry out other functions in accordance with the legislation of the Republic of Kazakhstan.

      5. Local executive bodies of cities of republican significance, the capital:

      1) ensure inclusion of measures on energy saving and increase of energy efficiency to the development program of the relevant territory;

      2) implement the state policy within the competence in the field of energy saving and increase of energy efficiency;

      3) carry out a monitoring within the competence of compliance with the energy consumption standards by the state institutions, organize conduct of the energy audit, thermal modification of state institutions, procurement and installation of energy resources meters and automatic systems of heat consumption regulation for state institutions, as well as ensure modernization of a park and street lighting considering the use of energy saving lamps;

      4) organize utilization of energy saving lumps containing mercury being in use of population;

      5) carry out other functions in accordance with the legislation of the Republic of Kazakhstan.

      6. Local executive bodies of districts (cities of oblast significance) shall:

      1) ensure inclusion of measures on energy saving and increase of energy efficiency to the development program of the relevant territory;

      2) implement the state policy within the competence in the field of energy saving and increase of energy efficiency;

      3) carry out a monitoring within the competence of compliance with the energy consumption standards by the state institutions, organize conduct of the energy audit, thermal modification of state institutions, procurement and installation of energy resources meters and automatic systems of regulating heat consumption for state institutions, as well as ensure modernization of a park and street lighting considering the use of energy saving lamps;

      4) organize utilization of energy saving lumps containing mercury being in use of population;

      5) carry out other functions in accordance with the legislation of the Republic of Kazakhstan.

      Footnote. Article 6 as amended by the Law of the Republic of Kazakhstan dated 14.01.2015 No. 279-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 28.12.2018 No. 210-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 7. State control in the field of energy saving and energy efficiency improvement

      Footnote. The title of Article 7 as amended by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

      1. State control in the field of energy saving and increase of energy efficiency shall be carried out of:

      1) credibility of suggested information to the State Energy Register;

      2) is excluded by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication);

      3) compliance with energy consumption standards and standard values ​​of power coefficient in electrical networks by the subjects of the State Energy Register;

      4) the conduct of energy audit;

      4-1) is excluded by the Law of the Republic of Kazakhstan dated 17.11.2015 № 407-V (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      5) compliance with other requirements established by this Law and other regulatory legal acts in the field of energy saving and increase of energy efficiency.

      2. State control in the field of energy saving and energy efficiency improvement shall be exercised in the form of verification and preventive control in accordance with the Entrepreneurial Code of the Republic of Kazakhstan.

      The inspection shall be carried out in accordance with the Entrepreneurial Code of the Republic of Kazakhstan.

      Footnote. Article 7 as amended by the Law of the Republic of Kazakhstan dated 14.01.2015 No. 279-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 29.10.2015 № 376-V (shall be enforced from 01.01.2016); dated 17.11.2015 № 407-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication);

Chapter 3. COMMON REQUIREMENTS IN THE FIELD OF ENERGY SAVING
AND INCREASE OF ENERGY EFFICIENCY

Article 8. Use of energy saving equipment and materials, restrictions on acceptance of new objects and payment of consumed heat energy

      1. Construction projects of objects consuming energy resources shall provide compulsory use of energy saving materials, installation of energy and water resources meters, automatic system of heat consumption regulation.

      Projects of multifamily residential houses shall provide compulsory use of energy saving materials, installation of general house heat energy meters and house-to-house meters of electric energy, cold and hot water, gas, as well as devices-regulators in heating systems, automatic systems of heat consumption regulation.

      2. Acceptance of new objects for operation consuming energy and water resources that are not equipped with the relevant energy and water resources meters and automatic systems of heat consumption regulation shall not be allowed.

      3. Requirements of paragraphs 1 and 2 of this Article in a part of automatic systems of heat consumption regulation shall not apply to the objects with hourly average consumption of heat energy (including the costs for heat energy, heating, ventilation, conditioning and hot water supply) less than 50 kW.

      4. Consumers shall make payment for consumed heat energy according to the rates differentiated depending on existence or absence of the heat energy meters approved in accordance with the legislation of the Republic of Kazakhstan on natural monopolies.

      Footnote. Article 8 as amended by the Laws of the Republic of Kazakhstan dated 15.06.2015 № 322-V (as amended by the Laws of the Republic of Kazakhstan dated); dated 28.12.2016 № 34-VІ (shall be enforced from 01.01.2017).

Article 9. State Energy Register

      1. Information entered to the State Energy Register shall include:

      1) name, address and main types of activity of the subjects of the State Energy Register;

      2) volumes of extraction, production, consumption, transfer and losses of energy resources and water in natural and money terms for one calendar year;

      3) plan of measures on energy saving and increase of energy efficiency developed by a subject of the State Energy Register following the results of energy audit, as well as supplements and (or) amendments introduced to this plan of measures on energy saving and increase of energy efficiency;

      4) results of executing the plan of measures on energy saving and increase of energy efficiency developed by a subject of the State Energy Register following the results of the energy audit for accounting period;

      5) actual energy consumption for a production unit and (or) loss of energy resources for heating for a unit area of buildings, structures, constructions;

      6) copy of conclusion on the energy audit;

      6-1) is excluded by the Law of the Republic of Kazakhstan dated 17.11.2015 № 407-V (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      7) information on equipping by energy resources meters.

      2. The information specified in paragraph 1 of this Article shall be provided by the subjects of the State Energy Register, with the exception of subparagraphs 3), 4) and 6) for state institutions, the National Institute for energy saving and increase of energy efficiency on paper and electronic format annually up to the 1st of April.

      3. On the basis of data of the State Energy Register and state bodies, the authorized body shall ensure analysis and forecasting of energy intensity of the gross domestic product and efficiency of using energy resources in the Republic of Kazakhstan.

      Footnote. Article 9 as amended by the Law of the Republic of Kazakhstan dated 14.01.2015 No. 279-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 17.11.2015 № 407-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 10. Energy management

      Footnote. Article 10 is excluded by the Law of the Republic of Kazakhstan dated 14.01.2015 No. 279-V (shall be enforced upon expiry of ten calendar days after the date of its official publication).

Article 11. Ensuring of energy efficiency of buildings, structures, constructions

      1. Buildings, structures, constructions under design and construction (reconstructed, capital repaired) shall conform to requirements of the legislation of the Republic of Kazakhstan on energy saving and increase of energy efficiency.

      2. Requirements on energy efficiency of buildings, structures, constructions shall include:

      1) indices characterizing specific value of loss of energy resources in a building, structure, construction;

      2) requirements to architectural, spatial planning, technological, constructional and engineering technical decisions influencing on energy efficiency of buildings, structures, constructions;

      3) requirements to engineering systems and technological equipment used in buildings, structures, constructions;

      4) requirements to technologies and materials enabling to exclude irrational (unreasonable) loss of energy resources included to the design documentation and applied upon construction (reconstruction, capital repair) of buildings, structures, constructions.

      Performance of requirements on energy efficiency upon putting of buildings, structures, constructions into operation shall be imposed on a tenant builder.

      3. Requirements on energy efficiency shall not apply to the following buildings, structures, constructions:

      1) buildings, structures, constructions that are related to the objects of historical and cultural heritage;

      2) temporary structures of economic designation, utility rooms, the period of service of which is no more than two years;

      3) individual residential houses, as well as structures being on cottage and garden plots;

      4) detached buildings, structures, constructions with a floor area less than fifty square metres;

      5) cultic buildings, structures and constructions;

      6) detached not heated buildings, structures, constructions.

      4. Required class of energy efficiency shall be stated in a task of a customer for development of the construction project (reconstruction, capital repair) and shall be stated in a technical passport of built object or the object put into operation upon registration of rights to immovable property after putting of the object completed by construction (reconstruction, capital repair) into operation.

      5. Class of energy efficiency of existing buildings, structures, constructions and its review shall be established in the manner determined by the authorized body, following the results of conducting energy audit and shall be stated in a technical passport of a building, structure, construction.

      Conclusion of an energy audit shall be enclosed to the technical passport of buildings, structures, constructions.

      6. The marking of existing buildings, structures and facilities for energy efficiency is established based on the results of the energy audit and is indicated in the conclusion of the energy auditor.

      Footnote. Article 11 as amended by the Law of the Republic of Kazakhstan dated 14.01.2015 No. 279-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 17.11.2015 № 407-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 12. Electric energy consuming devices

      1. Technical documentation and labels of electric energy consuming devices sold in the territory of the Republic of Kazakhstan shall contain information on a class and characteristics of their energy efficiency.

      2. The list of electrical energy-consuming devices covered by the requirements of paragraph 1 of this article shall be established by the technical regulations of the Eurasian Economic Union.

      3. The definition of the class and characteristics of energy efficiency shall be made in accordance with the technical regulations of the Eurasian Economic Union and shall be carried out by the manufacturer (importer).

      4. Manufacturers (importers) shall be obliged to indicate the class and characteristics of energy efficiency in the technical documentation and on the labels of electrical energy-consuming devices in accordance with the technical regulations of the Eurasian Economic Union.

Article 13. Restrictions on sale and use of products

      Footnote. Title of Article 13 as amended by the Law of the Republic of Kazakhstan dated 14.01.2015 No. 279-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

      1. For the purpose of energy saving and increase of energy efficiency, it shall not be allowed:

      1) the use of electric incandescent lamps of 25 W and above, which can be used in AC circuits for lighting purposes;

      2) carrying out procurements of electric incandescent lamps with capacity of 25 W and more for the state institutions and subjects of quasi-public sector that may be used in alternating current circuits for the purpose of lighting;

      3) sale and use of technologies and materials not conforming to requirements established by the legislation of the Republic of Kazakhstan on energy saving and increase of energy efficiency, in buildings, structures, constructions under construction (reconstructed, capital repaired);

      4) sale and (or) use of electrical energy consuming devices that do not contain information about the class and characteristics of their energy efficiency in accordance with the technical regulations of the Eurasian Economic Union;

      of their energy efficiency according to the technical regulation of the Customs Union;

      5) use of electric meters with a grade of accuracy 2,5 for the purpose of commercial accounting.

      Restrictions provided by this paragraph shall not apply to individuals.

      2. Use of electric metres not intended for differentiated accounting and electric energy consumption control by times shall be prohibited in newly introduced objects and upon replacement of electric metres in existed objects.

      Footnote. Article 13 as amended by the Law of the Republic of Kazakhstan dated 14.01.2015 No. 279-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 4. MEASURES ORIENTED TO ENSURING OF ENERGY SAVING
AND INCREASE OF ENERGY EFFICIENCY

Article 14. Notification in the field of energy saving and increase of energy efficiency

      1. The following activities shall be subject to notification in the field of energy saving and increase of energy efficiency:

      1) energy audit;

      2) retraining and (or) improving the skills of personnel engaged in activities in the field of energy saving and increase of energy efficiency.

      2. Legal entities shall notify the authorized body before the implementation or termination of activities in the field of energy saving and increase of energy efficiency in the manner established by the Law of the Republic of Kazakhstan "On Permits and Notifications".

      3. Legal entities,that have notified the authorized body about the beginning of activities in the field of energy saving and increase of energy efficiency for conducting an energy audit shall meet the following requirements:

      1) to have not less than four energy auditors, certified by the authorized body in the staff;

      2) to own, on the right of ownership or on other legal grounds,verified on the territory of the Republic of Kazakhstan information - measuring complexes and technical means in accordance with the list of information- measuring systems and technical means approved by the authorized body.

      4. Legal entities, that have notified the authorized body about the beginningof activities in the field of energy saving and increase of energy efficiency for retraining and / or professional development of personnel engaged in energy saving and increase of energy efficiency activities shall meet the following requirements:

      1) to have approved training programs and plans in accordance with approved training programs and plans in agreement with the authorized body in the field of education;

      2) to have at least two teachers with a higher education in the staff, including at least one teacher with a scientific degree not lower than the candidate (Master) of technical sciences;

      3) to own, on the right of ownership or on other legal grounds, the training room, computers and information -measuring complexes and technical means in accordance with the list of information - measuring systems and technical means approved by the authorized body.

      Footnote. Article 14 in the new wording of the Law of the Republic of Kazakhstan dated 29.03.2016 № 479-V (shall be enforced upon expiry of twenty one calendar days after the day its first official publication).

Article 15. Comprehensive non-departmental examination of construction projects in a part of energy saving and increase of energy efficiency

      1. Comprehensive non-departmental examination of the projects (feasibility studies and design-estimate documentation) intended for construction of new objects or changes (expansions, modernizations, technical repowering, reconstruction, capital repair) of existing objects (buildings, structures and their complexes, communications) shall be conducted in accordance with the legislation on architectural, urban planning and construction activity.

      2. Execution of a comprehensive non-departmental examination of projects in a part of energy saving and increase of energy efficiency shall be compulsory for:

      1) for objects the project consumption of energy resources of which exceeds the equivalent rate for five hundred of equivalent fuel per year;

      2) on construction projects of unique objects not ensured by existence of current state or interstate regulations and developed according to the special technical conditions (special rules) substituting them.

      3. If the construction (expansion, modernization, technical repowering, reconstruction, capital repair) of objects (buildings, structures and their complexes, communications) is not begun according to the projects mentioned in paragraphs 1 and 2 of this Article within three years after conduct of the comprehensive non-departmental examination and their approval, this projects shall be subject to bringing to conformity to the state (interstate) regulations being current at the moment before the realization and shall be used for realization only after conduct of a new comprehensive non-departmental examination.

      Footnote. Article 15 is in the wording of the Law of the Republic of Kazakhstan dated 14.01.2015 No. 279-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 16. Energy audit

      1. Legal entities shall notify the authorized body about the beginning of activities in the field of energy saving and increase of energy efficiency in the manner established by the legislation of the Republic of Kazakhstan on Permits and Notifications.

      2. Energy audit shall be carried out on account of funds of a referred person (customer) on the basis of the contract concluded in accordance with the legislation of the Republic of Kazakhstan.

      3. Following the results of energy audit, the conclusion on energy saving and increase of energy efficiency shall be drawn up.

      Conclusion of energy audit shall be issued on a headed notepaper of the legal entity carrying out the energy audit.

      4. Subjects of the State Energy Register with the exception of state institutions shall conduct compulsory energy audit no less than once every five years.

      5. Subjects of the State Energy Registry, except for the state institutions, shall be obliged within four years, and those, engaged in production, collection, storage, transportation, processing and sale of agricultural and fishery products, - within six years from the date of enactment of this Law, to receive a conclusion on the results of the energy audit.

      5-1. is excluded by the Law of the Republic of Kazakhstan dated 24.05.2018 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

      6. Energy auditor organizations shall be prohibited to conduct the energy audit of:

      customers the participant, creditor of whom is this energy auditor organization or its employees carrying out such energy audit (energy audits);

      employees carrying out the energy audit (energy audits) of which are in a labour relations with the audited subject or that are close relatives (parents, children, adopters, adoptees, full blood and half blood brothers and sisters, grandfathers, grandmothers, grandchildren) or a husband (wife), or legal relatives of civil servants of the audited subject, as well as a shareholder (participant) owning ten and more percent of shares (or partnership shares in a charter capital) of the audited subject;

      employees carrying out the energy audit (energy audits) of which have personal property interests in the audited subject;

      if they have money obligations before the audited subject or the audited subject has money obligations before them, with the exception of exclusion of the obligations on conducting energy audit.

      Footnote. Article 16 as amended by the Law of the Republic of Kazakhstan dated 14.01.2015 No. 279-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 17.11.2015 №. 407-V (shall be enforced from 01.01.2019); dated 29.03.2016 № 479-V (shall be enforced upon expiry of twenty one calendar days after the day its first official publication); dated 24.05.2018 № 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 5. STATE SUPPORT IN THE FIELD OF ENERGY SAVING AND
INCREASE OF ENERGY EFFICIENCY

Article 17. Directions of the state support in the field of energy saving and increase of energy efficiency

      State support in the field of energy saving and increase of energy efficiency shall be carried out on the following directions:

      1) stimulation of using energy efficiency equipment;

      2) assistance in carrying out educational activity and informational support of measures in the field of energy saving and increase of energy efficiency;

      3) implementation of a comprehensive plan of increasing the energy efficiency;

      4) conduct of scientific and research works in the field of energy saving and increase of energy efficiency, as well as financial of development and improvement of methodological and regulatory legal base in the field of energy saving and increase of energy efficiency;

      5) utilization of energy saving lumps containing mercury being in use of population;

      6) creation of training centres;

      7) rendering of assistance to owners of residential houses (residential buildings), housing units (flats) in payment of measures oriented to ensuring of energy saving and increase of energy efficiency in accordance with the legislation of the Republic of Kazakhstan on housing relations;

      8) assistance in the implementation of projects within the framework of energy service agreements;

      9) assistance in the implementation of projects within the framework of the energy efficiency map.

      Footnote. Article 17 as amended by the Law of the Republic of Kazakhstan dated 14.01.2015 No. 279-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 17.11.2015 № 407-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 18. Agreement in the field of energy saving and increase of energy efficiency

      1. Agreement in the field of energy saving and increase of energy efficiency shall be concluded on a voluntary basis between the authorized body, local executive body of the oblast, city of republican significance, the capital and subject of the State Energy Register consuming energy resources in the volume of one hundred thousand and more tons of the equivalent fuel per year (hereinafter – Agreement).

      2. Ground for conclusion of the Agreement is the application of a subject of the State Energy Register consuming energy resources in the volume of one hundred thousand and more tons of the equivalent fuel per year, to the local executive body of the oblast, city of republican significance, the capital.

      Subject of the Agreement is acceptance of obligations by a subject of the State Energy Register on decreasing the energy intensity by it for a production unit in the volume no less than for fifteen percent within five years on account of performance of the plan of measures on energy saving and increase of energy efficiency. Agreement shall be concluded for the term no less than five years.

      3. Termination of the validity of the Agreement shall be carried out in accordance with the rules of civil legislation of the Republic of Kazakhstan.

      Footnote. Article 18 as amended by the Law of the Republic of Kazakhstan dated 14.01.2015 No. 279-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 18-1. Energy service contract

      1. Energy service agreements with energy service companies may be concluded in order to save energy and increase the energy efficiency of energy resources used by individuals and legal entities, including state institutions and quasi-public sector entities.

      State institutions shall conclude energy service agreements in accordance with the standard energy service agreement for state institutions for the period of not more than six years.

      2. Energy service contract shall contain the conditions:

      1) on a size of economy of energy resources that shall be ensured by the energy service company in a result of execution of the energy service contract;

      2) on a term of validity of energy service contract that shall be less than the term required for reaching the size of economy of energy resources established by the energy service contract;

      3) on payment of works on account of funds received from the annual economy of used energy resources.

      Price at the energy service contract shall be determined proceeding from the reached or planned to reaching indices in a result of realization of energy service contract, as well as proceeding from the cost of saved energy resources or from economy of energy resources formed on account of decreasing the energy intensity for a production unit.

      3. Energy service contract may contain a condition on obligatoriness of an energy service company to ensure the regime, consumption (using) conditions of energy resources (including temperature regime, level of lighting, other characteristics conforming to requirements in the field of labour organization, maintenance of buildings, structures, constructions), regime, production conditions, transfer of energy resources and other coordinated conditions upon execution of the energy service contract coordinated by parties.

      Footnote. Chapter 5 is supplemented by Article 18-1 in accordance with the Law of the Republic of Kazakhstan dated 14.01.2015 No. 279-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); as amended by the Law of the Republic of Kazakhstan dated 17.11.2015 № 407-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 19. Information support of activity on energy saving and increase of energy efficiency

      Information support of activity on energy saving and increase of energy efficiency shall be carried out by central and local executive bodies and subjects of a quasi-public sector on a regular basis by:

      1) propaganda of effective use of energy resources;

      2) coordination of works on creation of demonstration projects of high level energy efficiency;

      3) assistance in organizing the exhibitions of energy saving materials and equipment.

      Footnote. Article 19 as amended by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 6. RIGHTS AND OBLIGATIONS OF SUBJECTS IN THE FIELD
OF ENERGY SAVING AND INCREASE OF ENERGY EFFICIENCY

Article 20. National institute of development in the field of energy saving and increase of energy efficiency

      The national institute of development in the field of energy saving and increase of energy efficiency, being a legal entity shall:

      1) form and maintain the State Energy Register;

      2) form and maintain a map of energy efficiency, carry out the selection and inclusion of projects in the energy efficiency map;

      3) transfer information about the subjects of the State Energy Register that are evading to provide information or providing inaccurate information to the authorized body;

      4) request and receive information necessary for the formation and maintenance of the State Energy Register from the subjects of the State Energy Register and legal entities operating in the field of energy saving and increase of energy efficiency, as well as from energy service companies;

      5) submit proposals on the formation and maintenance of the State Energy Register and energy efficiency map to the authorized body;

      6) conduct assessment and analysisof the effectiveness of energy saving and energy efficiency measures implemented by the subjects of the State Energy Register, analysis of the consumption of energy resources of the subjects of the State Energy Register, a comparative analysis with the previous year, an analytical study on the energy intensity of the gross domestic product and the efficiency of energy resources use in the Republic of Kazakhstan, analysis of unit costs and energy consumption standards of subjects of the State Energy Register, analysis of practical implementation of this Law, shall make recommendations for the implementation of state policy in the sphere of energy saving and increase of energy efficiency and provide consolidated informationto the authorized body;

      7) conduct an analysis of energy audit reports and provide information to the authorized body;

      8) provide information, analytical and consulting services within the framework of the implementation of the energy efficiency map;

      9) cooperate with international organizations in order to attract information, educational and financial resources to stimulate the development of energy saving;

      10) issue expert opinions and (or) recommendations in the field of energy saving and increase of energy efficiency to the authorized body.

      Footnote. Article 20 in the new wording of the Law of the Republic of Kazakhstan dated 17.11.2015 № 407-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); as amended by the Law of the Republic of Kazakhstan dated 29.03.2016 № 479-V (shall be enforced upon expiry of twenty one calendar days after the day its first official publication).

Article 21. Rights and obligations of subjects in the field of energy saving and increase of energy efficiency

      1. Subjects in the field of energy saving and increase of energy efficiency mentioned in paragraphs 2-5 of this Article shall have the right to:

      1) make proposals to the state bodies on ensuring of energy saving and increase of energy efficiency;

      2) receive information from the authorized body on the issues of energy saving and increase of energy efficiency.

      1-1. Individual entrepreneurs and legal entities shall have the right to conclude energy service contracts with the energy service companies.

      2. Individual entrepreneurs and legal entities shall be obliged to:

      1) comply with the regulation values of a capacity factor in electric networks;

      2) not to exceed energy consumption standards;

      3) upon carrying out of production and transfer of energy resources, water – not to allow their direct losses caused by defect of equipment, armature, operation of pipelines without their thermal insulator or by non-compliance with the work regime of energy consuming equipment.

      3. Subjects of the State Energy Register shall be obliged to represent information mentioned in Article 9 of this Law and ensure annual decrease of the volume of consumption of energy resources and water for a production unit, areas of buildings, structures and constructions up to the sizes determined following the results of the energy audit with the exception of state institutions within five years after conduct of energy audit.

      4. Energy audit organizations shall be obliged to:

      1) comply with the procedure for conducting energy audit established by the legislation of the Republic of Kazakhstan o energy saving and increase of energy efficiency;

      2) fulfill prescriptions of the authorized body in due time on elimination of admitted violations upon conduct of the energy audit;

      3) direct copies of all the issued conclusions on energy audit for accounting period to the authorized body following the results of a half year no later than the 15-th July and 15-th January.

      5. Training centres shall be obliged to:

      1) comply with the order of activity of the training centres established by the legislation of the Republic of Kazakhstan on energy saving and increase of energy efficiency;

      2) fulfill prescriptions of the authorized body in due time on elimination of admitted violations upon conduct of retraining and (or) raising of qualification of a personnel carrying out the activity in the field of energy saving and increase of energy efficiency;

      3) direct copies of all the issued documents on conduct of retraining and (or) raising of qualification of a personnel carrying out the activity in the field of energy saving and increase of energy efficiency for accounting period to the authorized body following the results of a half year no later than the 15-th July and 15-th January.

      Footnote. Article 21 as amended by the Law of the Republic of Kazakhstan dated 14.01.2015 No. 279-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Chapter 7. FINAL PROVISIONS

Article 22. Responsibility for breach of the legislation of the Republic of Kazakhstan on energy saving and increase of energy efficiency

      Breach of the legislation of the Republic of Kazakhstan on energy saving and increase of energy efficiency shall entail responsibility in accordance with the Laws of the Republic of Kazakhstan.

Article 23. Appealing the actions (omission) of a civil servant of the authorized body

      Individuals and legal entities shall have the right to appeal the actions (omission) of a civil servant of the authorized body in the manner established by the Law.

Article 24. Order of entering of this Law into force

      1. This Law enters into force upon expiry of six months after its first official publication, with the exception of:

      subparagraph 9) of Article 5 that enters into force from 1 January 2013;

      paragraph 2 of Article 8 that enters into force from 1 January 2013;

      paragraph 4 of Article 8 that enters into force from 1 July 2012;

      Article 9 that enters into force from 1 January 2013;

      paragraph 1 of Article 10 that enters into force from 1 January 2014;

      subparagraph 1) of paragraph 1 of Article 13 that enters into force for electric incandescent lamps with a capacity of 100 W and more – from 1 July 2012, with a capacity of 75 W and more – from 1 January 2013, with a capacity of 25 W and more – from 1 January 2014;

      subparagraph 5) of paragraph 1 of Article 13 that enters into force from 1 January 2014;

      paragraphs 1 and 9 of Article 15 that enters into force from 1 January 2013;

      paragraph 3 of Article 21 that enters into force from 1 January 2013.

      2. The Law of the Republic of Kazakhstan dated 25 December 1997 “On energy saving” shall be deemed to have lost force (The Bulletin of the Parliament of the Republic of Kazakhstan, 1997, No. 24, Article 343; 2004, No. 23, Article 142; 2006, No.1, Article 5; 2009, No.13-14, Article 62; 2010, No.5, Article 23; 2011, No.1, Article 2; No. 11, Article 102).

The President


of the Republic of Kazakhstan

N. Nazarbayev


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