Article 16. Energy audit The Law on Energy Conservation and Energy Efficiency Improvement

Home / RLA / Article 16. Energy audit The Law on Energy Conservation and Energy Efficiency Improvement

1. Excluded by the Law of the Republic of Kazakhstan dated 30.06.2022 No. 130-VII (effective sixty calendar days after the date of its first official publication).

2. The energy audit is carried out at the expense of the applicant's funds on the basis of an agreement concluded in accordance with the legislation of the Republic of Kazakhstan.

3. Based on the results of an energy audit or an express energy audit, an opinion on energy conservation and energy efficiency improvement is drawn up.

Based on the results of the targeted energy audit, a technical report on energy conservation and energy efficiency improvement is being prepared.

3-1. Subjects of the State Energy Register, with the exception of state institutions, develop and approve an action plan for energy conservation and energy efficiency improvement based on the results of an energy audit or express energy audit. An action plan for energy conservation and energy efficiency improvement is developed and approved within six months from the date of receipt of the conclusion on energy conservation and energy efficiency improvement.

4. Subjects of the State Energy Register that consume energy resources in an amount equivalent to one thousand five hundred and more tons of conventional fuel per year, with the exception of state institutions, undergo a mandatory energy audit at least once every five years.

4-1. Subjects of the State Energy Register that consume energy resources in an amount equivalent to one thousand five hundred and more tons of conventional fuel per year, with the exception of state institutions, have the right to conduct an express energy audit instead of a mandatory energy audit, subject to the following conditions::

1) the existence of a previous conclusion on energy conservation and energy efficiency improvement;

2) achieving an energy saving potential of at least five percent over the past five years by implementing an action plan for energy conservation and energy efficiency improvement and/or reducing specific energy consumption per unit of production by at least five percent over five years;

3) the availability of a certificate of compliance with the energy management system.

5. Subjects of the State Energy Register, with the exception of state institutions, are required to receive an opinion on the results of an energy audit within four years, and those engaged in the production, procurement, storage, transportation, processing and sale of agricultural and fisheries products within six years from the date of entry into force of this Law.

5-1. Excluded by the Law of the Republic of Kazakhstan dated 05/24/2018 No. 156-VI (effective ten calendar days after the date of its first official publication).

6. Energy auditing organizations or energy auditors who are individual entrepreneurs are prohibited from conducting energy audits.:

the applicant, whose participant or creditor are energy auditing organizations and their employees or energy auditors who are individual entrepreneurs;

whose employees who carry out energy audits (energy auditors) are in an employment relationship with the applicant or are close relatives (parents, children, adoptive parents, adopted children, full- and half-siblings, grandfathers, grandmothers, grandchildren) or a spouse, or relatives of officials of the applicant, as well as a shareholder (participant) who owns ten or more percent of the shares (or shares in the authorized capital) of the applicant;

in cases where the voting shares (shares of participation in the authorized capital) of an energy auditing organization are directly or indirectly owned by the applicant. Indirect affiliation means that each subsequent affiliated person owns shares (shares of participation in the authorized capital) of another legal entity.;

whose employees who perform energy audits (energy auditors) have personal property interests in the applicant;

if the energy auditing organization and their employees, energy auditors who are individual entrepreneurs, have monetary obligations to the person who applied or the person who applied to them, with the exception of obligations to conduct an energy audit.

7. Subjects of the State Energy Register do not conduct a mandatory energy audit in the following cases::

1) consumption of energy resources in an amount equivalent to less than one thousand five hundred tons of conventional fuel per year;

2) the absence of an energy resource consumption facility(s) on the balance sheet;

3) consumption of energy resources only for the purpose of vehicle operation;

4) if they are an object of historical and cultural heritage or a religious building, structure and structure.

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

This Law regulates public relations and defines the legal, economic and organizational foundations of the activities of individuals and legal entities in the field of energy conservation and energy efficiency improvement.

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Republic of Kazakhstan

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