Article 1. The basic concepts used in this Law are the Law On State Regulation of Production and Turnover of Certain Types of Petroleum Products

Home / RLA / Article 1. The basic concepts used in this Law are the Law On State Regulation of Production and Turnover of Certain Types of Petroleum Products

The following basic concepts are used in this Law:

1) a gas station is a technological complex and equipment providing storage and retail sale of petroleum products, equipped with control metering devices.

Gas stations are divided into the following types:

stationary – with underground or above-ground storage of tanks, designed for refueling vehicles with petroleum products through fuel dispensers;

container – with a ground arrangement of tanks for storing petroleum products, the technological system of which is characterized by the placement of fuel dispensers in a container for storing petroleum products, made as a single factory product.;

mobile – with the placement of a tank and a fuel dispenser on an automobile chassis, trailer, semi-trailer, made as a single factory product;

2) excluded by the Law of the Republic of Kazakhstan dated 07/10/2012 No. 36-V (effective after ten calendar days after its first official publication);

3) personal identification number-code is a permanent identification number assigned to producers of petroleum products, wholesale suppliers of petroleum products importing petroleum products, and to each name of an oil product produced in the Republic of Kazakhstan or imported into the territory of the Republic of Kazakhstan, necessary to indicate the type and brand of petroleum products in the accompanying consignment note and the declaration on the turnover of petroleum products;

4) control metering devices – technical devices that determine the quantitative and qualitative characteristics of petroleum products, designed to keep records for the purpose of subsequent transmission in real time through the operator of data from control metering devices in the field of production and turnover of petroleum products to the authorized body in the field of turnover of petroleum products, as well as to the authorized body in the field of production of petroleum products, installed at the production facilities of producers of petroleum products, databases of petroleum products and at gas stations (except mobile type gas stations), approved for use in accordance with the legislation of the Republic of Kazakhstan in the field of ensuring the uniformity of measurements;

5) Excluded by the Law of the Republic of Kazakhstan dated 12/30/2021 No. 96-VII (effective sixty calendar days after the date of its first official publication).

6) compounding - mixing of two or more components, including the introduction of additives, additives, in order to obtain an oil product of a given quality;

6-1) refined products – products of the processing of crude oil and gas condensate suitable for subsequent processing by a producer of petroleum products (with the exception of a producer of low-capacity petroleum products);

7) substandard petroleum product – an oil product that does not meet the requirements of regulatory technical documents and standardization documents;

8) producer of low-capacity petroleum products - a producer of petroleum products engaged in the production of petroleum products at technological installations, the design capacity of which provides for the volume of processing of crude oil and (or) gas condensate less than eight hundred thousand tons per year;

9) excluded by the Law of the Republic of Kazakhstan dated 12/30/2022 No. 177-VII (effective ten calendar days after the date of its first official publication);

10) petroleum products - certain types of petroleum products: gasoline, aviation and diesel fuel, fuel oil, road bitumen;

10-1) production facility for petroleum products – technological equipment, tank farm, technical devices and communications designed for receiving, storing, shipping and selling petroleum products that comply with the requirements of the legislation of the Republic of Kazakhstan in the field of technical regulation;

11) petroleum product supply plan - the volume of monthly needs of regions, cities of republican significance and the capital in petroleum products produced in the Republic of Kazakhstan;

11-1) a single operator for the supply of petroleum products – a legal entity designated by the authorized body in the field of petroleum products production, the main subject of which is the provision of petroleum products, provision of services for their storage and delivery to the Armed Forces of the Republic of Kazakhstan, Border and Aviation Services, the Border Academy of the National Security Committee of the Republic of Kazakhstan, the National Guard of the Republic of Kazakhstan, the authorized body in the field of civil protection and its aviation, the authority in the field of the state material reserve, as well as the supply of aviation fuel, provision of services for its storage and delivery to the Office of the President of the Republic of Kazakhstan;

12) retail sale of petroleum products - business activities for the sale of petroleum products to individuals and legal entities for their own needs without the purpose of further sale;

13) retail seller of petroleum products – an individual entrepreneur or a legal entity that purchases petroleum products for the purposes of further retail sale;

14) wholesale supplier of petroleum products – an individual entrepreneur or a legal entity that purchases petroleum products from producers of petroleum products, oil suppliers and (or) importers for the purposes of further sale;

14-1) importer – an individual entrepreneur or a legal entity that carries out the import (including import) of its own petroleum products into the territory of the Republic of Kazakhstan for the purposes of further sale;

15) wholesale sale of petroleum products – business activity for the sale of petroleum products by producers of petroleum products, oil suppliers, wholesale suppliers of petroleum products, importers for the purposes of further sale;

16) production of petroleum products – a complex of operations for the processing of crude oil and (or) gas condensate, and (or) products of their processing, as well as compounding, ensuring the production of petroleum products;

Compounding, which is carried out in the tank of petroleum products bases and (or) tanks of gas stations in order to change the physico-chemical properties of petroleum products, does not apply to the production of petroleum products.;

17) Excluded by the Law of the Republic of Kazakhstan dated 12/30/2021 No. 96-VII (effective sixty calendar days after the date of its first official publication).

18) monitoring of the production and sale of petroleum products - analysis of needs, processes of production, sale, transportation, as well as the dynamics of retail and wholesale prices for petroleum products;

19) authorized body in the field of production of petroleum products - the central executive body responsible for the management of state regulation of the production of petroleum products;

20) producer of petroleum products – a legal entity that owns and (or) legally owns an oil refinery and produces petroleum products in accordance with the production certificate, as well as sells its own petroleum products and (or) transfers petroleum products that are the product of processing of toll-free raw materials.;

21) turnover of petroleum products - purchase, storage, wholesale and retail sale, shipment, transportation, export and import of petroleum products;

22) authorized body in the field of turnover of petroleum products - the central executive body responsible for state regulation of turnover of petroleum products;

23) base of petroleum products – a complex of buildings and structures, including technological equipment, a tank farm, technical devices and communications designed for receiving, storing, shipping and selling petroleum products;

24) the unified database on the production and turnover of petroleum products is an electronic database on the production and turnover of petroleum products, formed on the basis of administrative data from government agencies that carry out state regulation of the production and turnover of petroleum products within their competence.;

24-1) data from control metering devices in the field of production and turnover of petroleum products – data on the volume of production and turnover of petroleum products;

24-2) the operator of control metering devices in the field of production and turnover of petroleum products is a legal entity designated by the Government of the Republic of Kazakhstan that provides automated online transmission of control metering devices to the authorized body in the field of turnover of petroleum products, its territorial divisions, as well as to the authorized body in the field of production of petroleum products;

24-3) a production facility of a producer of petroleum products is a complex of buildings and structures, including technological equipment, a tank farm, petroleum product loading ramps, technical devices and communications, designed to receive crude oil and (or) gas condensate, produce, store, drain, pour, pump, transport, ship and sell petroleum products that meet the requirements of the legislation of the Republic of Kazakhstan in the field of technical regulation;

25) production passport - a document of the established form, reflecting the indicators of the production capacity of the producer of petroleum products, its main characteristics, regulating the use of existing equipment to comply with the technological process of production;

26) reservoir – a storage tank based on petroleum products or at a production facility of a manufacturer of petroleum products;

26-1) technological needs – the production process of using process fuels and (or) petroleum products to produce thermal energy and other technological processes of the producer of petroleum products, due to the operating mode and technological characteristics of the equipment;

26-2) process fuel is a gaseous, liquid and (or) solid fuel of variable composition released during the processing of crude oil and (or) gas condensate and (or) refined products and directed by the producer of petroleum products to obtain thermal energy and other technological processes of the producer of petroleum products due to the operating mode and technological characteristics of the equipment.;

27) notification of the authorized body in the field of turnover of petroleum products – a written message sent on paper or in electronic form by the authorized body in the field of turnover of petroleum products and (or) its territorial divisions to the producer of petroleum products, an oil supplier, an importer, a wholesale supplier of petroleum products or a retail seller of petroleum products, on the elimination of violations identified by the results of desk control in areas of state regulation of production and turnover of petroleum products;

28) accompanying bill of lading for goods is a document intended to control the turnover of petroleum products and necessary for processing operations for the release and reception of petroleum products, as well as operations for the transfer of petroleum products to oil suppliers;

29) final consumer – individuals and legal entities who purchase petroleum products without the purpose of further sale.

The Law of the Republic of Kazakhstan dated July 20, 2011 No. 463-IV.

This Law regulates public relations arising in the process of production and turnover of certain types of petroleum products: gasoline, aviation and diesel fuel, fuel oil, road bitumen.

President

Republic of Kazakhstan

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