On ratification of the Protocol on Amendments to the Treaty on the Eurasian Economic Union dated May 29, 2014 in connection with the accession of the Kyrgyz Republic to it

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The Law of the Republic of Kazakhstan dated September 15, 2021 No. 64-VII SAM.

To ratify the Protocol on Amendments to the Treaty on the Eurasian Economic Union dated May 29, 2014 in connection with the accession of the Kyrgyz Republic to it, signed in Nur-Sultan on May 29, 2019.

President of the Republic of Kazakhstan

K. TOKAEV

Protocol on Amendments to the Treaty on the Eurasian Economic Union dated May 29, 2014 in connection with the accession of the Kyrgyz Republic to it

The member States of the Eurasian Economic Union, hereinafter referred to as the Member States,

in order to implement paragraph 2 of Article 82 of the Treaty on the Eurasian Economic Union dated May 29, 2014,

Guided by paragraph 67 of Annex 1 to the Protocol on Conditions and Transitional Provisions for the Application by the Kyrgyz Republic of the Treaty on the Eurasian Economic Union of May 29, 2014, certain international treaties included in the law of the Eurasian Economic Union, and acts of the bodies of the Eurasian Economic Union in connection with the accession of the Kyrgyz Republic to the Treaty on the Eurasian Economic Union of May 29, 2014 signed on May 8, 2015.,

have agreed on the following:

Article 1

To make the following changes to the Methodology for the Implementation of Interstate Transmission of Electric energy (Capacity) between the member States (annex to the Protocol on Ensuring Access to Services of Natural Monopolies in the Electric Power Industry, including the Basics of Pricing and Tariff Policy, which is Annex No. 21 to the Treaty on the Eurasian Economic Union of May 29, 2014):

1. Add paragraph 1.5 to section 1 as follows:

"1.5. On the territory of the Kyrgyz Republic.

1.5.1. The annual projected volumes of IHL on the national electric grid of the Kyrgyz Republic (hereinafter NES of Kyrgyzstan) are determined by the organization authorized to implement IHL (hereinafter - the organization for the management of NES of Kyrgyzstan), based on the application.

1.5.2. The application for the upcoming calendar year is submitted no later than April 1 of the previous year. The application indicates the annual volume of MHP and maximum capacity, broken down by month and indicating the points of reception and delivery of electric energy on the border of the Kyrgyz Republic.

1.5.3. When considering an application, the management organization of the NES of Kyrgyzstan is guided by the value of the available technical capacity of the NES of Kyrgyzstan, determined in accordance with this Methodology. If the claimed value of the IHL exceeds the value of the available technical capability of the NES of Kyrgyzstan for the whole year or in any month of the year, the NES management organization of Kyrgyzstan sends a reasoned refusal to the organization that submitted the application.

1.5.4. The declared volumes of IHL, agreed with the management organization of the NES of Kyrgyzstan, are drawn up as an annex to the contract for the transmission of electric energy and are taken into account when calculating tariffs for electric energy transmission services.

1.5.5. The volumes of electric energy expected for the IHL may be adjusted by agreement of authorized organizations of the Member States before November 1 of the year preceding the year of planned delivery.".

2. In section 2:

a) subparagraph 2.2.2 after the words "UES of Kazakhstan," add the words "between the energy system of the Kyrgyz Republic (ES of Kyrgyzstan) and the UES of Kazakhstan,";

b) in sub-clause 2.2.3:

The first paragraph should be worded as follows:

"2.2.3. The calculation model is a mathematical model of technologically interconnected parts and (or) equivalents of the UES of Russia, the UES of Kazakhstan, the UES of Kyrgyzstan, the UES of Belarus, the UES of Armenia and the energy systems of third countries through which electric energy (capacity) is transmitted between the UES of Russia and the UES of Armenia, to the extent necessary for planning, and includes a description of:";

In the second paragraph, replace the word "graph" with the word "graphs".;

c) subparagraph 2.2.6 after the words "UES of Kazakhstan" should be supplemented with the words ", and the system operator of the UES of Kazakhstan and the management organization of the NES of Kyrgyzstan in coordination with the system operators of third countries whose energy systems operate in parallel within the framework of the Unified Energy System of Central Asia";

d) in subparagraph 2.3.1:

the third paragraph after the words "UES of Kazakhstan," should be supplemented with the words "including to account for the declared volumes of electricity (capacity) and IHL supplies across the state border between the Kyrgyz Republic and the Republic of Kazakhstan,";

the fourth paragraph after the words "UES of Kazakhstan," should be supplemented with the words "including those taking into account the declared volumes of electricity (capacity) and IHL supplies across the state border between the Kyrgyz Republic and the Republic of Kazakhstan,";

the last paragraph after the words "the system operator of the UES of Kazakhstan" should be supplemented with the words ", the organization for managing the NES of Kyrgyzstan";

e) sub-paragraphs 2.3.2, 2.3.3 and 2.4.1 after the words "the system operator of the UES of Kazakhstan" in the appropriate case, add the words ", the organization for managing the NES of Kyrgyzstan" in the appropriate case;

f) the second paragraph of subparagraph 2.4.2 should be worded as follows:

"The system operator of the EES of Armenia and the management organization of the NES of Kyrgyzstan form and submit to the planning coordinator repair schedules for the electric grid equipment of the EES of Armenia and the EES of Kyrgyzstan included in the calculation model. The repair schedules of the electric grid equipment of the UES of Armenia and the EES of Kyrgyzstan included in the calculation model are not subject to coordination with the planning coordinator.";

g) subparagraph 2.4.3 after the words "the system operator of the UES of Kazakhstan" should be supplemented with the words ", including for accounting for the declared volumes of electricity (capacity) and IHL supplies across the state border between the Kyrgyz Republic and the Republic of Kazakhstan";

h) subparagraph 2.4.4 after the words "UES of Kazakhstan" add the words ", ES of Kyrgyzstan - UES of Kazakhstan";

i) sub-paragraphs 2.4.5, 2.5.1 and 2.6.1 after the words "the system operator of the UES of Kazakhstan" in the appropriate case, add the words ", the organization for managing the NES of Kyrgyzstan" in the appropriate case;

(k) In subparagraph 2.6.2:

The first paragraph after the words "the system operator of the UES of Kazakhstan" should be supplemented with the words ", including taking into account the declared volumes of electricity (capacity) and IHL supplies across the state border between the Kyrgyz Republic and the Republic of Kazakhstan, the system operator of the UES of Armenia";

the third paragraph after the words "the system operator of the UES of Kazakhstan" should be supplemented with the words ", the organization for managing the NES of Kyrgyzstan, the system operator of the UES of Armenia";

in the fifth paragraph:

after the words "by the system operator of the UES of Kazakhstan", add the words ", including in relation to the declared volumes of electricity (capacity) and IHL supplies across the state border between the Kyrgyz Republic and the Republic of Kazakhstan,";

after the words "ECO of Belarus, UES of Kazakhstan" add the words ", ES of Kyrgyzstan";

k) subparagraph 2.6.3 after the words "by the system operator of the UES of Kazakhstan" should be supplemented with the words ", including taking into account the declared volumes of electricity (capacity) and IHL supplies across the state border between the Kyrgyz Republic and the Republic of Kazakhstan";

m) sub-paragraphs 2.6.5 and 2.6.6, after the words "the system operator of the UES of Kazakhstan" in the appropriate case, add the words ", the organization for managing the NES of Kyrgyzstan" in the appropriate case;

h) the first paragraph of subparagraph 2.6.7 after the words "the system operator of the UES of Kazakhstan" should be supplemented with the words ", including taking into account the declared volumes of electricity (capacity) and IHL supplies across the state border between the Kyrgyz Republic and the Republic of Kazakhstan".

3. Add paragraph 3.5 to section 3 as follows:

"3.5. On the territory of the Kyrgyz Republic.

On the territory of the Kyrgyz Republic, the organization and implementation of the IHL are entrusted to the organization for the management of the NES of Kyrgyzstan with the following functions::

- provision of services for the transmission of electric energy through national electric networks of 110 - 500 kV;

- operational dispatch management of national electric grids;

- management of modes of production and consumption of electric energy and capacity in the Kyrgyz Republic in real time;

- provision of services to cover the unevenness of daily schedules of power flows (power regulation);

- interaction with authorized organizations of electric power systems of neighboring states on management and ensuring the stability of parallel operation modes.".

4. Add paragraph 4.5 to section 4 as follows:

"4.5. On the territory of the Kyrgyz Republic.

4.5.1. In accordance with the legislation of the Kyrgyz Republic, the tariff for electric energy transmission services via national electric grids, including IHL between the Member States, is calculated according to the formula:

Drawing

where:

T is the tariff (excluding value added tax) for electric energy transmission services via national electric grids (som/kW.h);

Z is the total annual costs of the organization for managing the NES of Kyrgyzstan for electric energy transmission services via national electric networks, determined in accordance with the procedure established by the legislation of the Kyrgyz Republic (million SOM);

P - annual profit level (million som);

N is the annual total volume of electric energy transmission (million kWh) declared under contracts and contracts.

4.5.2. The total annual costs of the NES management organization of Kyrgyzstan for electric energy transmission services via national electric grids include the costs of repair and maintenance (including material labor and other costs), debt servicing (loans) and depreciation on funds invested in assets, capital investments, and costs of compensation for electric energy losses., purchase of electricity, payments to government agencies, etc .

The costs included in the tariff for electric energy transmission services via national electric grids are determined in accordance with the legislation of the Kyrgyz Republic.".

5. Add paragraph 5.5 to section 5 as follows:

"5.5. On the territory of the Kyrgyz Republic.

When forming the tariff for IHL services between the Member States, expenses in accordance with the legislation of the Kyrgyz Republic are not taken into account.".

6. In section 6:

a) the first paragraph of subparagraph 6.3.1.1 after the words "or the Republic of Kazakhstan" should be supplemented with the words ", or the Kyrgyz Republic", after the words "to services" should be supplemented with the word "subjects";

b) subparagraph 6.3.1.2 after the words "between organizations" add the word "adjacent";

c) add paragraph 6.6 as follows:

"6.6. On the territory of the Kyrgyz Republic.

On the territory of the Kyrgyz Republic, IHL between the member states is carried out on the basis of contracts for the provision of electric power transmission services concluded with the NES management organization of Kyrgyzstan in accordance with this Methodology.".

7. In section 9:

a) the second paragraph after the words "the system operator of the UES of Kazakhstan" should be supplemented with the words ", the organization for managing the NES of Kyrgyzstan";

b) the tenth paragraph should be worded as follows:

"When implementing IHL on the territory of the Russian Federation, when transmission of electric energy (capacity) to the Republic of Armenia (from the Republic of Armenia) and (or) to the Kyrgyz Republic (from the Kyrgyz Republic) is not required, the quantitative and price parameters of electric energy (capacity) purchased and sold in order to compensate for deviations used in the calculation, they are confirmed by accounting documents of commercial infrastructure organizations of the Russian Federation.";

c) after the tenth paragraph, add the following paragraph:

"When implementing IHL on the territory of the Russian Federation for the purpose of supplying electric energy (capacity) to the Kyrgyz Republic (from the Kyrgyz Republic), the quantitative and price parameters of electric energy (capacity) used in the calculation, purchased and sold in order to compensate for deviations at the supply points on the state borders of the Russian Federation with the Republic of Kazakhstan, are confirmed by accounting documents of organizations commercial infrastructure of the Russian Federation, and on the state borders of the Republic of Kazakhstan with the Kyrgyz Republic - accounting documents drawn up between the system operator of the Republic of Kazakhstan and the NES management organization of Kyrgyzstan.".

Article 2

This Protocol shall enter into force on the date of receipt by the depositary through diplomatic channels of the last written notification on the implementation by the member States of the internal procedures necessary for its entry into force, but not earlier than the date of entry into force of the Protocol on Amendments to the Treaty on the Eurasian Economic Union of May 29, 2014 in connection with the accession of the Republic of Armenia to it, signed on May 29 , 2019

Done in the city of Nur-Sultan on May 29, 2019, in one original copy in Russian.

The original copy of this Protocol shall be kept at the Eurasian Economic Commission, which, as the depositary of the Treaty on the Eurasian Economic Union of May 29, 2014 and this Protocol, will send each member State a certified copy thereof.

For the Republic of Armenia

For the Republic of Belarus

For the Republic of Kazakhstan

For the Kyrgyz Republic

For the Russian Federation

I hereby certify that this text is a complete and authentic copy of the Protocol on Amendments to the Treaty on the Eurasian Economic Union dated May 29, 2014 in connection with the accession of the Kyrgyz Republic to it, signed on May 29, 2019 in the city of Nur-Sultan.:

for the Republic of Armenia - Prime Minister of the Republic of Armenia Nikol Pashinyan;

for the Republic of Belarus - President of the Republic of Belarus Alexander Lukashenko;

for the Republic of Kazakhstan - by the President of the Republic of Kazakhstan K. K. Tokayev;

for the Kyrgyz Republic - President of the Kyrgyz Republic S. Sh. Jeenbekov;

for the Russian Federation - President of the Russian Federation Vladimir Putin.

The original copy is kept at the Eurasian Economic Commission.

Director

Legal Department

Of the Eurasian Economic Commission

V. I. Taraskin

On ratification of the Protocol on Amendments to the Treaty on the Eurasian Economic Union dated May 29, 2014 in connection with the accession of the Kyrgyz Republic to it

The Law of the Republic of Kazakhstan dated September 15, 2021 No. 64-VII SAM.

President of the Republic of Kazakhstan

K. TOKAEV

Protocol on Amendments to the Treaty on the Eurasian Economic Union dated May 29, 2014 in connection with the accession of the Kyrgyz Republic to it

The member States of the Eurasian Economic Union, hereinafter referred to as the Member States,

in order to implement paragraph 2 of Article 82 of the Treaty on the Eurasian Economic Union dated May 29, 2014,

have agreed on the following:

Article 1

1. Add paragraph 1.5 to section 1 as follows:

"1.5. On the territory of the Kyrgyz Republic.

2. In section 2:

a) subparagraph 2.2.2 after the words "UES of Kazakhstan," add the words "between the energy system of the Kyrgyz Republic (ES of Kyrgyzstan) and the UES of Kazakhstan,";

b) in sub-clause 2.2.3:

The first paragraph should be worded as follows:

In the second paragraph, replace the word "graph" with the word "graphs".;

d) in subparagraph 2.3.1:

the last paragraph after the words "the system operator of the UES of Kazakhstan" should be supplemented with the words ", the organization for managing the NES of Kyrgyzstan";

f) the second paragraph of subparagraph 2.4.2 should be worded as follows:

h) subparagraph 2.4.4 after the words "UES of Kazakhstan" add the words ", ES of Kyrgyzstan - UES of Kazakhstan";

(k) In subparagraph 2.6.2:

in the fifth paragraph:

after the words "ECO of Belarus, UES of Kazakhstan" add the words ", ES of Kyrgyzstan";

3. Add paragraph 3.5 to section 3 as follows:

"3.5. On the territory of the Kyrgyz Republic.

On the territory of the Kyrgyz Republic, the organization and implementation of the IHL are entrusted to the organization for the management of the NES of Kyrgyzstan with the following functions::

- provision of services for the transmission of electric energy through national electric networks of 110 - 500 kV;

- operational dispatch management of national electric grids;

- management of modes of production and consumption of electric energy and capacity in the Kyrgyz Republic in real time;

- provision of services to cover the unevenness of daily schedules of power flows (power regulation);

- interaction with authorized organizations of electric power systems of neighboring states on management and ensuring the stability of parallel operation modes.".

4. Add paragraph 4.5 to section 4 as follows:

"4.5. On the territory of the Kyrgyz Republic.

Drawing

where:

T is the tariff (excluding value added tax) for electric energy transmission services via national electric grids (som/kW.h);

P - annual profit level (million som);

N is the annual total volume of electric energy transmission (million kWh) declared under contracts and contracts.

4.5.2. The total annual costs of the NES management organization of Kyrgyzstan for electric power transmission services via national electric grids include the costs of repair and maintenance (including material labor and other costs), debt servicing (loans) and depreciation on funds invested in assets, capital investments, and costs of compensation for electric power losses., purchase of electricity, payments to government agencies, etc .

The costs included in the tariff for electric energy transmission services via national electric grids are determined in accordance with the legislation of the Kyrgyz Republic.".

5. Add paragraph 5.5 to section 5 as follows:

"5.5. On the territory of the Kyrgyz Republic.

When forming the tariff for IHL services between the Member States, expenses in accordance with the legislation of the Kyrgyz Republic are not taken into account.".

6. In section 6:

b) subparagraph 6.3.1.2 after the words "between organizations" add the word "adjacent";

c) add paragraph 6.6 as follows:

"6.6. On the territory of the Kyrgyz Republic.

7. In section 9:

a) the second paragraph after the words "the system operator of the UES of Kazakhstan" should be supplemented with the words ", the organization for managing the NES of Kyrgyzstan";

b) the tenth paragraph should be worded as follows:

c) after the tenth paragraph, add the following paragraph:

Article 2

Done in the city of Nur-Sultan on May 29, 2019, in one original copy in Russian.

For the Republic of Armenia

For the Republic of Belarus

For the Republic of Kazakhstan

For the Kyrgyz Republic

For the Russian Federation

for the Republic of Armenia - Prime Minister of the Republic of Armenia Nikol Pashinyan;

for the Republic of Belarus - President of the Republic of Belarus Alexander Lukashenko;

for the Republic of Kazakhstan - by the President of the Republic of Kazakhstan K. K. Tokayev;

for the Kyrgyz Republic - President of the Kyrgyz Republic S. Sh. Jeenbekov;

for the Russian Federation - President of the Russian Federation Vladimir Putin.

The original copy is kept at the Eurasian Economic Commission.

Director

Legal Department

Of the Eurasian Economic Commission

V. I. Taraskin

President

President

Republic of Kazakhstan

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