On the ratification of the Agreement on the Rules of Access to Services of Natural Monopolies in the field of gas transportation through Gas Transmission Systems, including the Basics of Pricing and Tariff policy
Law of the Republic of Kazakhstan dated May 2, 2011 No. 434-IV
RCPI's note! The Agreement is terminated in connection with the entry into force of the Treaty on the Eurasian Economic Union, ratified by the Law of the Republic of Kazakhstan dated 14.10.2014 No. 240-V (for the procedure of entry into force, see Article 113).
To ratify the Agreement on the Rules of Access to the services of Natural Monopolies in the field of gas transportation through gas transmission systems, including the basics of pricing and Tariff Policy, signed in Moscow on December 9, 2010.
President of the Republic of Kazakhstan N. NAZARBAYEV
AGREEMENT on the rules of access to the services of natural monopolies in the field of gas transportation through gas transmission systems, including the basics of pricing and tariff policy
(Entered into force on January 1, 2012) - Bulletin of International Treaties of the Republic of Kazakhstan 2012, No. 1, art. 14
The Government of the Republic of Belarus, the Government of the Republic of Kazakhstan and the Government of the Russian Federation, hereinafter referred to as the Parties, based on the Agreement on the Customs Union between the Russian Federation and the Republic of Belarus of January 6, 1995, the Agreement on the Customs Union of January 20, 1995, the Agreement on the Customs Union and the Single Economic Space of February 26, 1999, the Agreement on the establishment of the Eurasian Economic Community on October 10, 2000, agreed on the following:
Article 1
For the purposes of this Agreement, the following basic concepts are used: "gas" is a combustible mixture of gaseous hydrocarbons and other gases produced and/or produced on the territory of the member states of the Single Economic Space, consisting mainly of methane, transported in a compressed gaseous state through gas transmission systems; "gas transmission systems" are facilities for transporting gas, including main gas pipelines and related facilities other than gas distribution networks are integrated by a single technological process; "gas transportation services" - services for the movement of gas through gas transportation systems; "Competent authorities" - bodies authorized by the Parties to monitor the implementation of this Agreement; "internal needs" - volumes of gas required for consumption in the territory of each of the states of the Parties; "access to services of natural monopolies in the field of gas transportation" - granting the right to use gas transportation systems operated by subjects of natural monopolies of the states of the Parties for gas transportation; "market (equal income) prices" - wholesale gas prices formed to meet domestic needs based on, among other things, the following principles: for gas-producing member states of the Single Economic Space, the wholesale market price is formed by deducting from the sale price of gas on the foreign market the amount of duties, fees, taxes, and other payments levied in these states and the cost of transporting gas outside the gas-producing member states of the Single Economic Space, taking into account the difference in the cost of gas transportation on the external and domestic markets of the gas supplier; for gas-consuming member states of the Single Economic Space - the wholesale market price, which is formed by the producer of the gas-producing state by deducting duties, fees, taxes, and other payments from the gas sale price on the foreign market, as well as the cost of gas transportation outside the gas-producing state. Member States of the Single Economic Space; "gas-producing member States of the Single Economic Space" - member States of the Single Economic Space on whose territory less gas is consumed than is produced and produced; "gas-consuming member States of the Single Economic Space" - member States of the Single Economic Space on whose territory more gas is consumed than is produced and produced.
Article 2
The purpose of this Agreement is to establish rules for access to the services of natural monopoly entities in the field of gas transportation through gas transmission systems, including the basics of pricing and tariff policy to meet the needs of the member States of the Single Economic Space. Access to the services of natural monopolies in the field of gas transportation is provided in accordance with the terms of this Agreement only with respect to gas originating from the territory of the member States of the Single Economic Space. The provisions of this Agreement do not apply to relations of access to services of natural monopolies in the field of gas transportation in relation to gas originating from the territories of States that are not members of the Single Economic Space, and to relations in the field of gas transportation outside the Single Economic Space and from beyond.
Article 3
When providing access to the services of natural monopolies in the field of gas transportation through gas transmission systems, the Parties proceed from the following basic principles: non-application of import and export customs duties (other duties, taxes and charges having equivalent value) by the Parties in mutual trade; priority provision of domestic gas needs of the member states of the Single Economic Space; prices and tariffs for gas transportation to meet the domestic needs of the States of the Parties are established in accordance with the national laws of the States of the Parties; unification of norms and standards for gas of the member States of the Single Economic Space; ensuring environmental safety.
Article 4
The condition for ensuring access to the services of natural monopoly entities in the field of gas transportation through the gas transportation systems of the Single Economic Space provided for in this Agreement is the implementation by the Parties of a set of measures, including the following measures: a) creation of an information exchange system by January 1, 2012 based on information including information on domestic gas consumption; b) creation by January 1, 2012 of mechanisms for the preparation of indicative forecast balances in accordance with this Agreement; c) unification by July 1, 2013 of norms and standards for gas of the member states of the Single Economic Space; d) transition to market (equal-income) gas prices in the territories of the member States The Common Economic Space. The completion of the implementation by the Parties of the above-mentioned set of measures is formalized by the Protocol to this Agreement.
Article 5
The Parties shall ensure that market (equally profitable) gas prices are achieved in the territories of all member States of the Single Economic Space no later than January 1, 2015. At the same time, the Kazakh Side ensures a gradual increase in gas sales prices in the Republic of Kazakhstan to a level comparable to gas prices in the Russian Federation.
Article 6
After all Parties have completed the set of measures set out in Article 4 of this Agreement, the Parties, within the limits of available technical capabilities and available capacities of gas transmission systems, taking into account the agreed indicative forecast gas balance of the countries of the Single Economic Space and on the basis of civil law agreements of economic entities, ensure access of economic entities of other states of the Parties to gas transmission systems located in the territories of the Russian Federation. states of the Parties, for gas transportation, designed to meet the domestic needs of the States of the Parties, according to the following rules: economic entities of the member states of the Single Economic Space are granted access to the gas transportation system of the state of the other Party on equal terms, including tariffs, with gas producers who are not owners of the gas transportation system of the Party through whose territory the transportation is carried out.; The volumes, prices and tariffs for gas transportation, as well as commercial and other conditions for gas transportation through gas transmission systems, are determined by civil law agreements between the economic entities of the States of the Parties in accordance with the national legislation of the states of the Parties.; The Parties shall promote the proper implementation of existing contracts for the transportation of gas through main gas pipelines between economic entities operating in their countries.
Article 7
The competent authorities of the states of the Parties shall develop and coordinate an indicative forecast balance of gas from the countries of the Single Economic Space (production, consumption and supplies to meet domestic needs, including mutual needs) for a period of 5 years, which is specified annually until October 1 of this year. Taking into account the agreed gas balance, the Parties provide access to the services of natural monopolies in the field of gas transportation to the domestic markets of the States of the Parties.
Article 8
The parties strive to develop long-term mutually beneficial cooperation in the following areas: - transportation of gas through the territories of the States of the Parties; - construction, reconstruction and operation of gas pipelines, underground gas storage facilities and other infrastructure facilities of the gas complex; - provision of services necessary to meet the domestic needs of the participating states The Common Economic Space. The Parties shall ensure the unification of regulatory and technical documents regulating the operation of gas transmission systems located on the territory of the member States of the Single Economic Space.
Article 9
This Agreement does not affect the rights and obligations of the Parties arising from other international treaties to which they are parties. The national legislation of the Parties shall apply to the relations of the Parties in the field of gas transportation not regulated by this Agreement. The Agreement of the Parties on common principles and rules of competition applies to natural monopoly entities engaged in gas transportation, taking into account the specifics provided for in this Agreement.
Article 10
The following Competent Authorities coordinate the implementation of this Agreement: from the Belarusian Side - the Ministry of Energy of the Republic of Belarus; from the Kazakh Side - the Ministry of Oil and Gas of the Republic of Kazakhstan; from the Russian Side - the Ministry of Energy of the Russian Federation. In case of replacement of Competent Authorities, the Parties notify each other through diplomatic channels.
Article 11
Disputes between the Parties related to the interpretation and/or application of the provisions of this Agreement are resolved primarily through negotiations and consultations. If the dispute is not settled by the parties to the dispute through negotiations and consultations within six months from the date of the official written request for their holding sent by one of the parties to the dispute to the other party to the dispute, then, in the absence of any other agreement between the parties to the dispute regarding the method of its resolution, either party to the dispute may refer this dispute for consideration to the Court of the Eurasian Economic Community. the economic community.
Article 12
Nothing in this Agreement should be interpreted as obliging a Party to extend the rules and/or benefits arising from this Agreement to third States that are not parties to this Agreement, or the business entities of such third States, their goods or services.
Article 13
By agreement of the Parties, amendments may be made to this Agreement, which are formalized by the Protocol.
Article 14
The procedure for entry into force, accession to and withdrawal from this Agreement is determined by the Protocol on the Procedure for Entry into Force of International Treaties aimed at Forming the Legal Framework of the Customs Union, withdrawal from and Accession to them dated October 6, 2007.
Done in Moscow on December 9, 2010, in one original copy in the Russian language. The original copy of the Agreement is kept at the Integration Committee of the Eurasian Economic Community, which is its depositary and will send a certified copy to each Party.
For For For Government Government Government of the Republic of the Republic Russian Belarus Kazakhstan Federations
I hereby certify that this text is a complete and authentic copy of the original Agreement on the Rules of Access to services of Natural Monopolies in the field of gas transportation through gas Transmission Systems, including the Basics of pricing and Tariff Policy, signed on December 9, 2010 in Moscow: from the Republic of Belarus - Deputy Prime Minister of the Republic of Belarus A.V. Kobyakov, from the Government Of the Republic of Kazakhstan - First Deputy Prime Minister of the Republic of Kazakhstan U.E. On behalf of the Government of the Russian Federation, I.I. Shuvalov, First Deputy Chairman of the Government of the Russian Federation. The original copy is kept in the Integration Committee of the Eurasian Economic Community.
Head of the Legal Department of the Secretariat The EurAsEC Integration Committee V.S. Knyazev
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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