On ratification 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

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The Law of the Republic of Kazakhstan dated September 18, 2021 No. 65-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 Republic of Armenia 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 Republic of Armenia 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 64 of Annex 3 to the Treaty on the Accession of the Republic of Armenia to the Treaty on the Eurasian Economic Union dated May 29, 2014, signed on October 10, 2014,

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 1.4 to section 1 as follows:

"1.4. On the territory of the Republic of Armenia.

1.4.1. The annual forecast volumes of MHP for the electric power system of the Republic of Armenia (hereinafter referred to as the UES of Armenia) are determined by the organization authorized to organize the MHP (hereinafter referred to as the system operator of the UES of Armenia), based on an application.

1.4.2. 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 IHL by month and indicates the points of reception and distribution of electric energy on the border of the Republic of Armenia.

1.4.3. When considering an application, the system operator of the EES of Armenia is guided by the value of the available technical capability of the EES of Armenia, determined in accordance with this Methodology. If the claimed value of the IHL exceeds the value of the available technical capability of the EES of Armenia for the whole year or in any month of the year, the system operator of the EES of Armenia sends a reasoned refusal to the organization that submitted the application.

1.4.4. The declared volumes of IHL, agreed upon by the system operator of the EES of Armenia, are drawn up as an appendix to the contract for the transmission of electric energy and are taken into account when calculating tariffs for electric energy transmission services.

1.4.5. After the formation of the forecast balances of electric energy and capacity for the Armenian EES by October 15 of the year preceding the planned one, the volumes of electric energy supply under bilateral interstate agreements are determined and agreed with the subjects of the wholesale market.

1.4.6. The volumes of electric energy expected for IHL may be adjusted at the suggestion of entities authorized to organize and implement IHL by November 1 of the year preceding the year of planned delivery.".

2. In section 2:

a) Subparagraph 2.2.2 should be worded as follows:

"2.2.2. Planning (calculation of the feasibility of the planned volumes of IHL between the member states) is carried out between the UES of Russia and the UES of Kazakhstan, between the UES of Russia and the United Energy System of Belarus (UES of Belarus), as well as between the UES of Russia and the UES of Armenia (through the electric power systems of third countries) using the calculation model of parallel electric power systems (next is the calculation model).";

b) subparagraph 2.2.3 after the words "UES of Belarus" should be supplemented with the words ", the equivalents of 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,";

c) subparagraph 2.2.6 after the words "UES of Kazakhstan" should be supplemented with the words ", as well as by the system operator of the UES of Armenia in coordination with the system operators of the energy systems of third countries through which electric energy (capacity) is transmitted between the UES of Russia and the UES of Armenia";

d) sub-items 2.3.1 - 2.3.3, 2.4.1, 2.4.3, 2.4.5, 2.5.1, 2.6.1 - 2.6.3, 2.6.5 - 2.6.7 after the words "the system operator of the UES of Kazakhstan" in the appropriate case, add the words ", the system operator of the UES of Armenia" in the appropriate case;

e) in subparagraph 2.4.2:

in the first sentence, replace the words "the system operator of the UES of Russia" with the words "the management organization of the UNES";

add the following paragraph:

"The system operator of the EES of Armenia forms and submits to the planning coordinator schedules for repairs of the electric grid equipment of the EES of Armenia included in the calculation model. The repair schedules of the electric grid equipment of the Armenian EES included in the calculation model are not subject to coordination with the planning coordinator.";

(e) In subparagraph 2.4.4:

replace the words "The result of planning is" with the words "The results of planning are";

after the words "UES of Belarus", add the words ", as well as the projected volume of electric energy (capacity) transmission between the UES of Russia and the UES of Armenia";

g) the fifth paragraph of subparagraph 2.6.2 should be worded as follows:

"The UNES management organization submits to the planning coordinator the total values of hourly schedules of electric energy supply volumes between the UES of Russia, the UES of Belarus, the UES of Kazakhstan and the UES of Armenia agreed with the organization performing the function of the system operator of the UES of Belarus, the UES of Kazakhstan and the UES of Armenia for all types of contracts, including IHL, between the states- members.".

3. Add paragraph 3.4 to section 3 as follows:

"3.4. On the territory of the Republic of Armenia.

3.4.1. On the territory of the Republic of Armenia, the organization of the IHL is entrusted to the system operator of the UES of Armenia in terms of organizing and managing the modes of operation of electrical connections between the UES of Armenia and the power systems of third countries through which electric energy (capacity) is transmitted between the UES of Armenia and the UES of Russia, with the following functions:

- short-term planning and dispatching management of the Armenian EES;

- operational management of the EES of Armenia;

- planning the development of an electric power transmission network;

- ensuring the parallel operation of the Armenian EES with regional electric power systems, as well as the implementation of other functions provided for by the license terms and market rules that are not exclusive;

- interaction with the system operators of electric power systems of third countries on the organization and management of the modes of operation of electric connections between the EES of Armenia and the energy systems of third countries.

3.4.2. On the territory of the Republic of Armenia, the implementation of IHL is entrusted to the authorized organization responsible for the transmission of electric energy (capacity) through the territory of the Republic of Armenia (hereinafter referred to as the Armenian network operator), with the function of providing services for the transmission of electric energy through the EES of Armenia and the transit of electric energy (capacity) to third countries.

3.4.3. In the territory of the Republic of Armenia, the control and accounting of IHL are assigned to the authorized organization providing the services of the market operator, with the following functions:

- organization of the activities of the domestic wholesale electric power market of Armenia;

- accounting of participants in the domestic wholesale electricity market of Armenia;

- accounting for contracts concluded between participants in the domestic wholesale electricity market of Armenia and contracts involving the import or export of electricity;

- accounting of electric energy (capacity) purchased and sold in accordance with agreements concluded on the domestic wholesale electricity market of Armenia, as well as contracts providing for the import or export of electric energy;

- preparation and submission of documents to participants of the domestic wholesale electricity market of Armenia and service providers;

- the implementation of other functions provided for by the terms of the license and the rules of the market that are not exclusive.".

4. Add paragraph 4.4 to section 4 as follows:

"4.4. On the territory of the Republic of Armenia.

4.4.1. In accordance with the legislation of the Republic of Armenia, the tariff for electric energy transmission services via high-voltage electric networks, including IHL between the Member States, is approved by the authorized state body of the Republic of Armenia and calculated according to the following formula:

Drawing

T is the tariff (excluding value added tax) for electric energy transmission services over high-voltage electric networks, including interstate transmission between Member States (AMD/kW.h);

ND - the required annual income of the grid operator of the Republic of Armenia, which carries out the transmission of electric energy through high-voltage electric networks, which is determined in accordance with the legislation of the Republic of Armenia and includes the necessary and reasonable costs for services for the transmission of electric energy through high-voltage electric networks, depreciation of fixed assets and intangible assets, as well as the profit necessary for the effective functioning of a network containing high-voltage electric networks. organization's networks in the provision of electric energy transmission services (AMD);

Wcym is the total annual volume of electricity transmission via high-voltage electric networks declared under contracts and contracts for both consumers of the domestic wholesale electricity market of Armenia and for exports (kWh).

4.4.2. The value added tax on electric energy transmission services via high-voltage electric networks is determined in accordance with the legislation of the Republic of Armenia.".

5. Add paragraph 5.4 to section 5 as follows:

"5.4. On the territory of the Republic of Armenia.

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

6. Section 6 should be worded as follows:

"6. Requirements for the contractual execution of IHL in accordance with the legislation of the Member States

6.1. On the territory of the Republic of Belarus.

IHL between the member states through the electric power system of the Republic of Belarus is carried out subject to coordination of the volumes of electric energy and capacity expected for IHL in accordance with Section 1 and paragraphs 2.4 - 2.6 of Section 2 of this Methodology and agreements on IHL with an authorized organization of the Republic of Belarus.

The cost of IHL services for each contract is determined by the following formula:

6.2. On the territory of the Republic of Kazakhstan.

In the territory of the Republic of Kazakhstan, IHL between the member States is carried out on the basis of contracts for the provision of electric power transmission services, concluded in accordance with a standard form approved by the Government of the Republic of Kazakhstan. At the same time, contracts for the implementation of IHL may take into account the specifics of such a transfer.

6.3. On the territory of the Russian Federation.

6.3.1. IHL between the member states through the UES of Russia is carried out in the presence of the following agreements:

6.3.1.1. Contracts of a commercial agent with an authorized organization from the Republic of Belarus, or the Republic of Kazakhstan, or the Republic of Armenia in order to ensure access to the services of natural monopolies and the interconnected and simultaneous supply of equal amounts of electric energy (capacity) declared for the implementation of IHL at different supply points on the border (borders) UES of Russia.

The cost of IHL between the member states through the UES of Russia in month m is determined in such agreements according to the following formula:

where:

Drawing

 - the cost of the UNES management organization's services, paid in accordance with the legislation of the Russian Federation;

Drawing

 - the cost of the system operator's services, payable in accordance with the legislation of the Russian Federation;

Drawing

 - the cost of services related to actions on the wholesale market of electric energy (capacity) accompanying IHL through the UES of Russia, in the month m;

where:

 - the cost of the services of a commercial operator for the organization of wholesale trade in electric energy, capacity and other goods and services approved for circulation on the wholesale market in the month m;

- the cost of a comprehensive service for calculating claims and obligations, determined by the agreement on joining the wholesale market trading system in month m;

- the costs of the commercial agent, determined bilaterally in contracts concluded by the commercial agent.

In the case of implementation of IHL on the territory of the Russian Federation for the purpose of supplying electric energy to the Republic of Armenia (from the Republic of Armenia), this amount also includes compensation for expenses incurred by a commercial agent in the wholesale market of electric energy (capacity), confirmed by accounting documents of commercial infrastructure organizations of the Russian Federation Of the Russian Federation, related to the specifics of determining the actual scope of IHL in such cases.

6.3.1.2. Agreements (technical agreements) on parallel operation of electric power systems between organizations of the Member States performing the functions of operational dispatch management in the electric power industry and transmission (movement) of electric energy through the national electric grid.

6.3.1.3. Contracts for the purchase and sale of electricity between authorized organizations of the Russian Federation (in accordance with Section 3 of this Methodology) and neighboring Member States concluded in order to compensate for deviations in the actual balance of electric energy flows across interstate sections from planned values arising from the movement of electric energy across the state borders of the Member States and determined in accordance with in accordance with the procedure agreed upon by the Member States.

6.3.2. IHL on the territory of the Russian Federation for the purpose of supplying electric energy to the Republic of Armenia (from the Republic of Armenia) is carried out in the settlement of issues related to:

- ensuring parallel operation of the UES of Russia and the energy system of a third country between the relevant authorized organizations;

- with the organization of the exchange of commercial accounting data on the hourly actual volumes of interstate electric energy flows between the relevant economic entities of the Russian Federation and a third state;

- with the determination of the actual balance of electric energy flows transported across the state borders of the Russian Federation and a third state, and hourly deviations of the actual balance of electric energy flows from the planned values arising from the movement of electric energy across the state borders of the Russian Federation and a third state and determined in accordance with the procedure agreed upon by such states;

- with the distribution of the volume of electric energy transported across the state borders of the Russian Federation and a third state, under agreements concluded between the economic entities of the Russian Federation and a third state, including the volume of IHL;

- with the purchase and sale of electric energy in order to regulate hourly deviations of the actual balance of electric energy flows from the planned values arising from the movement of electric energy across the state borders of the Russian Federation and a third state and determined in accordance with the procedure agreed upon by such states between authorized economic entities of the Russian Federation and a third state.

6.4. On the territory of the Republic of Armenia.

IHL is carried out on the basis of contracts for the provision of electric energy transmission services, concluded in accordance with a standard form approved by the authorized state body of the Republic of Armenia. At the same time, contracts for the implementation of IHL may take into account the specifics of such transmission related to the transmission of electric energy through the energy systems of third countries.

6.5. Issues related to the need to transfer electric energy (capacity) between the Republic of Armenia and the Russian Federation through the territories of third states in the implementation of IHL are regulated on a bilateral basis by the economic entities of the Member States interested in the implementation of IHL with the relevant economic entities of third States.".

7. In section 9:

a) add the words "system operator of the UES of Kazakhstan" to the second paragraph after the words "system operator of the UES of Armenia";

b) the third paragraph should be worded as follows:

"- when implementing IHL on the territory of the Russian Federation, the hourly values of IHL volumes are assumed to be equal to the corresponding planned values taken into account in the daily dispatch schedule. If, when implementing IHL on the territory of the Russian Federation for the purpose of supplying electric energy to the Republic of Armenia (from the Republic of Armenia), the actual balance of electric energy flows transferred across the state borders of the Russian Federation with a third state and across the state borders of a third state with the Republic of Armenia, taking into account the priority defined in paragraph 2.3.1 of this Methodology, is less planned value, the actual hourly volume of IHL under contracts of a commercial agent with interested economic entities of the member States, as well as the actual hourly volume of electric energy transmission under an agreement for the provision of electric energy transmission services with the relevant economic entity of a third state, are assumed to be equal to the minimum value of the corresponding values of the actual balance of electric energy flows, displaced across the state borders of the Russian Federation with a third state and across the state borders of a third state with the Republic of Armenia.";

c) in the tenth paragraph, replace the word "Used" with the words "When implementing IHL on the territory of the Russian Federation, when it is not required to transfer electric energy (capacity) to the Republic of Armenia (from the Republic of Armenia), used";

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

"When IHL is carried out on the territory of the Russian Federation for the purpose of supplying electric energy to the Republic of Armenia (from the Republic of Armenia), the quantitative and price parameters of electric energy (capacity) used in the calculation, purchased and sold in order to compensate for deviations at supply points on the state borders of the Russian Federation with a third state, are confirmed by accounting documents of commercial infrastructure organizations of the Russian Federation of the Russian Federation, and on the state borders of a third state with the Republic of Armenia - accounting documents of the authorized organization providing services to the market operator in the territory of the Republic of Armenia.".

Article 2

This Protocol shall enter into force on the date of receipt by the depositary, through diplomatic channels, of the last written notification that the Member States have completed the internal procedures necessary for its entry into force.

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.

From the Republic

Armenia

From the Republic

Belarus

From the Republic

Kazakhstan

From the Kyrgyz

Republics

From the Russian

Federations

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 Republic of Armenia 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

President

Republic of Kazakhstan

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