On the ratification of the Agreement on the Creation of Reserves of Resources and their Effective Use to Ensure Sustainable Parallel Operation of Electric Power Systems of the Member States of the Commonwealth of Independent States

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On the ratification of the Agreement on the Creation of Reserves of Resources and their Effective Use to Ensure Sustainable Parallel Operation of Electric Power Systems of the Member States of the Commonwealth of Independent States

The Law of the Republic of Kazakhstan dated December 15, 2008 No. 106-IV

To ratify the Agreement on the Creation of Reserves of Resources and their Effective Use to Ensure Sustainable Parallel Operation of Electric Power Systems of the Member States of the Commonwealth of Independent States, signed in Astana on September 15, 2004.

President of the Republic of Kazakhstan N. Nazarbayev

AGREEMENT on the creation of reserves of resources and their effective use to ensure sustainable parallel operation of Electric power Systems of the Member States of the Commonwealth of Independent States

(Bulletin of International Treaties of the Republic of Kazakhstan, 2009, No. 2, Article 7) (Entered into force on February 16, 2009)

Officially certified text

AGREEMENT on the creation of reserves of resources and their effective use to ensure sustainable parallel operation of electric power Systems of the Member States of the Commonwealth of Independent States

The States Parties to this Agreement, represented by their governments, hereinafter referred to as the Parties, taking into account the great importance of the electric power industry for the development of the economy, improving the level of social security of the population, recognizing the need for rational use of fuel, energy and water resources, meeting their needs for electric energy on this basis, in order to ensure the growth of economic efficiency in the use of energy resources, the functioning and sustainable development of fuel and energy and water management complexes in the context of the formation of market relations, based on the principle of the expediency of maintaining and developing specialization, cooperation and technologically interconnected industries on a long-term basis, striving to increase the level of energy security, taking into account the provisions of The Energy Charter of December 17, 1991 and the Energy Charter Treaty of December 17, 1994, The Agreement on Ensuring Parallel Operation of Electric Power Systems of the member States of the Commonwealth of Independent States dated November 25, 1998, agreed on the following:

Article 1

For the purposes of this Agreement, the following definitions are used: fuel and energy resources - sources of combustible substances that emit a significant amount of heat during combustion, which is used in technological processes or converted into other types of energy; material and technical resources - raw materials, assemblies, parts, spare parts, blanks, components and other industrial and industrial products. intersectoral purpose; resource reserves - pre-created reserves of fuel, energy and logistical resources; competent authority - the body appointed by each Party to coordinate work related to the implementation of the objectives and provisions of this Agreement; business entity - a legal entity engaged in the production, transfer, distribution and sale of fuel and energy resources in accordance with the national legislation of the Party; interstate supplies of fuel and energy and logistical resources - amounts (volumes, quotas) of fuel and energy resources transferred during the reporting period (month, quarter) and processed in customs in accordance with foreign trade agreements (contracts) between the economic entities of the Parties; import supplies of fuel and energy resources - fuel and energy resources purchased and imported from abroad for sale on the domestic market of a member state of the Commonwealth of Independent States; parallel operation of the electric power systems of the Parties is the joint operation of electric power systems with a single frequency in the electric power system of the States Parties to this Agreement; transport energy systems are systems that carry out the transportation and transmission of oil, gas, petroleum products and electricity.

Article 2

The parties carry out mutually beneficial economic cooperation in the field of fuel supply on the basis of mutually agreed bilateral and multilateral balances of fuel, energy and water resources.

Article 3

The volume of interstate supplies of fuel, energy and water resources is determined by the Parties on the basis of separately concluded bilateral and multilateral agreements on a balanced and mutually beneficial basis.

Article 4

The Parties are creating reserves of their fuel, energy, and logistical resources to sustainably pass the maximum load in the autumn-winter period, as well as to ensure the reliability of the power system in case of major system accidents and force majeure.

Article 5

The CIS Electric Power Council, after agreement with the Parties, develops and approves, in accordance with the established procedure, the form of a standard contract for the use of reserves of resources.

Article 6

The Parties shall promote the development of agreed programs for the joint development of new deposits, the construction of complex-purpose generating capacities, transport energy systems, their operation, reconstruction and modernization.

Article 7

The parties will take measures to create conditions for further integration in the formation of the interstate market of fuel and energy resources, ensuring the reliable functioning of transnational transport systems, in particular, gas, oil, and petroleum product pipelines, helping to eliminate violations of the regularity and uninterrupted supply of energy resources.

Article 8

The Parties shall promote the production of energy-saving equipment, the development of energy-saving technologies, the creation of economic and legal conditions for the widespread distribution of energy-saving equipment, effective implementation and use.

Article 9

The Parties shall promote joint activities aimed at creating: unified interstate systems of standards for energy-consuming products, including energy efficiency indicators; interstate programs for the development of norms and standards for losses of fuel and energy resources during their transportation, distribution and storage; unified approaches to metrological control and supervision of energy consumption efficiency; unified payment methods for the provision of services for the transit of fuel and energy resources through transport energy systems.

Article 10

The CIS Electric Power Council, together with the competent authorities of the Parties, will establish a working group to develop a scheme for optimizing the allocation of reserves of electric power capacity of the Parties.

Article 11

The Parties maintain an agreed capacity reserve used to prevent disruptions to the stable parallel operation of electric power systems. The procedure for providing a reserve capacity is regulated by agreements between the economic entities of the Parties.

Article 12

The competent authorities of the Parties are conducting research and developing proposals for the optimal use of the effect of the discrepancy between hydrometeorological conditions and increasing the energy output of hydroelectric power plants operating in parallel mode in integrated systems.

Article 13

The Parties shall develop coordinated measures to unify the regulatory legal acts of national legislation regulating the activities of the economic entities of the Parties, defining the rights, responsibilities and obligations in the field of efficient use of reserves of resources, transmission and distribution of electric energy.

Article 14

The Parties shall inform the CIS Executive Committee within three months after the entry into force of this Agreement on the appointment of their competent authorities.

Article 15

This Agreement does not affect the provisions of other international agreements to which the Parties are Parties.

Article 16

Disputes related to the application or interpretation of this Agreement are resolved through consultations and negotiations between the Parties concerned. If it is impossible to resolve disputes through negotiations, the Parties turn to international judicial authorities.

Article 17

This Agreement shall enter into force from the date of its signature, and for States whose legislation requires the implementation of internal procedures necessary for its entry into force, from the date of transfer to the depositary of documents on the implementation of internal procedures. The Parties shall notify the depositary of the need for such procedures within three months from the date of signing this Agreement.

Article 18

This Agreement is valid for five years from the date of its entry into force. After this period, the Agreement is automatically extended each time for a new five-year period, unless the Parties decide otherwise.

Article 19

This Agreement is open for accession by the member States of the Commonwealth of Independent States, as well as third States that share its goals and principles, by submitting documents on such accession to the depositary. The accession of third States is considered to have entered into force if none of the Parties opposes such accession within three months by sending a corresponding notification to the depositary.

Article 20

This Agreement may be amended and supplemented by mutual agreement of the Parties, which are formalized in separate protocols that are an integral part of it. Amendments and additions shall enter into force in accordance with the procedure provided for in Article 17 of this Agreement.

Article 21

Each Party may withdraw from this Agreement by sending a written notification to the depositary no later than one year before the withdrawal date, having fulfilled the financial and other obligations arising under this Agreement.

Done in Astana on September 15, 2004, in one original copy in the Russian language. The original copy is kept in the Executive Committee of the Commonwealth of Independent States, which will send a certified copy to each signatory State of this Agreement.

For the Government For the Government Azerbaijan Republic of the Republic of Moldova

For the Government For the Government of the Republic of Armenia Of the Russian Federation

For the Government For the Government of the Republic of Belarus of the Republic of Tajikistan

For the Government For the Government of Georgia Turkmenistan

For the Government For the Government of the Republic of Kazakhstan of the Republic of Uzbekistan

For the Government For the Government Of the Kyrgyz Republic Of Ukraine

I hereby certify that this text is a certified copy of a certified copy of the Agreement on the Creation of Reserves of Resources and their Effective Use to Ensure Sustainable Parallel Operation of Electric Power Systems of the member States of the Commonwealth of Independent States, signed in Astana on September 15, 2004.

Head of the International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan Zh. Bukhbantaev

President

Republic of Kazakhstan

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