Article 17. General conditions for the sale of commercial, liquefied petroleum and liquefied natural gas The Law on Gas and Gas Supply
1. In order to protect the environment and the health of the population of the Republic of Kazakhstan, only commercial and (or) liquefied petroleum gas is supplied to consumers, with the exception of the sale of crude gas to industrial consumers for use as raw materials.
2. The sale of commercial gas, subject to the requirements of this Law, is allowed exclusively:
1) national operator;
2) producers of commercial gas;
3) by subsurface users who own commercial gas produced during the processing of the crude gas they produce;
4) owners of commercial gas produced outside the territory of the Republic of Kazakhstan and imported for consumption into the territory of the Republic of Kazakhstan;
5) owners of commercial gas produced outside the territory of the Republic of Kazakhstan from crude gas produced in the Republic of Kazakhstan on the basis of international treaties of the Republic of Kazakhstan;
6) gas distribution organizations;
7) owners of gas filling compressor stations.
3. The sale of liquefied natural gas is carried out by individuals and legal entities, taking into account the priority of ensuring the internal needs of the Republic of Kazakhstan within the framework of the general gasification scheme of the Republic of Kazakhstan.
4. The sale of liquefied petroleum gas, subject to the requirements of this Law, is allowed exclusively:
1) producers of liquefied petroleum gas;
2) owners of liquefied petroleum gas produced during the processing of hydrocarbon raw materials owned by them on the right of ownership or on other legal grounds;
3) owners of liquefied petroleum gas produced outside the territory of the Republic of Kazakhstan and imported for consumption into the territory of the Republic of Kazakhstan;
4) 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).
5) owners of gas filling stations, gas filling stations, group tank installations and gas filling stations;
6) owners of liquefied petroleum gas purchased directly from subsurface users who produced it under a production sharing agreement (contract) or a subsurface use contract approved by the President of the Republic of Kazakhstan who have stable tax regimes in accordance with paragraph 1 of Article 722 of the Code of the Republic of Kazakhstan "On Taxes and Other Mandatory Payments to the Budget" (Tax the Code).
5. The sale of commercial, liquefied petroleum and (or) liquefied natural gas is carried out with their mandatory movement through control metering devices, with the exception of cases established by this Law.
6. Retail sales contracts for commercial and liquefied petroleum gas are concluded in accordance with standard contracts.
The provision of this paragraph does not apply to cases of retail sale:
1) commercial and liquefied petroleum gas for public utilities, industrial consumers, industrial consumers-investors and consumers included in the list of power plants, large commercial consumers, persons engaged in digital mining, persons engaged in the production of electric energy for digital mining, persons engaged in the supply of electric energy to persons engaged in digital mining;
2) commercial gas by the owners of autogas filling compressor stations;
3) liquefied petroleum gas by gas station owners;
4) liquefied petroleum gas in household cylinders.
6-1. The contracts for the sale of commercial gas to consumers included in the list of power plants, large commercial consumers, persons engaged in digital mining, persons engaged in the production of electric energy for digital mining, persons engaged in the supply of electric energy to persons engaged in digital mining, provide for obligations:
consumers included in the list of power plants who keep separate records of the use of commercial gas for energy supply to the public, legal entities, and persons engaged in digital mining;
large commercial consumers who keep separate records of the use of commercial gas for the production of socially important food products, as well as heat and (or) electric energy for the population and legal entities and other goods;
persons engaged in digital mining, to keep separate records of the use of commercial gas for digital mining and other activities;
persons engaged in the production of electric energy, to keep separate records of the use of commercial gas for the production of electric energy for persons engaged in digital mining, and other persons;
persons engaged in the supply of electric energy to consumers, who keep separate records of the volume of electric energy sales to persons engaged in digital mining and other persons.
7. Domestic and municipal consumers have a preferential right to use commercial or liquefied petroleum gas.
8. A gas transportation or gas distribution organization or the owner of group tank installations is obliged to ensure, under the conditions established by this Law, uninterrupted supply of commercial or liquefied petroleum gas to consumers connected to the gas distribution system or group tank installation.
9. A gas transportation or gas distribution organization or the owner of group tank installations has the right to unilaterally suspend the supply of commercial or liquefied petroleum gas to the consumer until violations are eliminated in the following cases::
1) violations by the consumer of the rules of safety of facilities of gas supply systems;
2) technical malfunction of gas supply system facilities;
3) unauthorized connection of gas equipment by the consumer;
4) preventing representatives of a gas transportation or gas distribution organization or the owner of group tank installations from accessing gas pipelines, gas equipment and metering devices;
5) the existence of accounts receivable for the supplied commercial or liquefied petroleum gas in accordance with the contract for the retail sale of commercial or liquefied petroleum gas;
6) violations of the terms of the contract for keeping separate records of commercial gas provided for in paragraph 6-1 of this Article.
The Law of the Republic of Kazakhstan dated January 9, 2012 No. 532-IV.
This Law defines the legal, economic and organizational bases for regulating public relations in the field of gas and gas supply in the Republic of Kazakhstan and is aimed at creating conditions for meeting the domestic gas needs of the Republic of Kazakhstan, as well as for efficient, reliable and safe operation of gas supply facilities.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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