On Support of the Use of Renewable Energy Sources

The Law of the Republic of Kazakhstan dated 4 July 2009 No. 165-IV.

        Unofficial translation

      The Present Law determines purposes, forms and directions of support support of renewable energy use.

Chapter 1. General provisions

      Article 1 was amended by the Law of the Republic of Kazakhstan No. 102-V, dated June 13, 2013 (refer to older edition); the Law of the Republic of Kazakhstan No. 102-V, dated June 13, 2013 (refer to older edition); set out in edition of the Law of the Republic of Kazakhstan No. 128-V d.d July 4, 2013 (refer to older edition).

Article 1. Basic Definitions Used in this Law

      The following general definitions are used in the present Law:

      Subparagraph 1 is given in edition of the Law of the Republic of Kazakhstan No. 89-VI, dated July 11, 2017 (refer to older edition )

      1) auction price is the price for the purchase of electric energy produced by the facility on renewable energy use, determined on the results of auction sales and not exceeding the level of corresponding marginal auction price by accounting and finance center;

      The Article was amended with subparagraphes1-1)-1-4) in accordance to the Law of the Republic of Kazakhstan No. 89-VI, dated July 11, 2017.

      1-1) auction sales is a process organized and conducted by the auction sales organizer in electronic system on the base of auction and aimed at selection of projects on new facilities construction for renewable energy use and determination of auction prices on electric energy produced by facilities for renewable energy use, taking into account the plan of placement of facilities on renewable energy use;

      1-2) auction sales organizer is a legal entity, determined by the authorized body, carrying out organization and auction sales conducting in accordance with the procedure provided by the Present Law;

      1-3) qualified nominal consumer is a person or group of people that include nominal consumers and energy producing organizations using renewable energy sources and owning operating objects (commissioned after January 1, 2018 and not included into the List of energy producing organizations using renewable energy sources by the authorized body) on renewable energy use on the right of ownership or other legal basis, the generated electrical energy that is fully consumed by this person or group of people or sold to consumers at contractual prices in accordance with concluded bilateral contracts;

      1-4) renewable energy sources - energy sources, permanently renewable due to proceeding natural processes, including the following types: solar emission energy, wind energy, hydrodynamic water energy; geothermal energy: warm of ground, underground water, rivers, basins and also anthropogenic sources of primary energy sources: biomass, biogas and other fuel from organic wastes, used for electric and (or) heat energy production;

      Subparagraph 2 is given in edition of the Law of the Republic of Kazakhstan No. 506-V, dated April 28, 2016 (refer to older edition )

      2) nominal consumers of electrical energy from renewable energy sources (hereinafter - nominal consumers) are energy producing organizations using coal, gas, sulfur-containing raw materials, oil products and nuclear fuel;

      subjects of electric energy market, acquiring electric energy outside the Republic of Kazakhstan;

      hydroelectric power stations with installations located in one hydroelectric complex, with total capacity over thirty five megawatts, with the exception of those that were commissioned after January 1, 2016;

      Subparagraph 3 is given in edition of the Law of the Republic of Kazakhstan No. 239-V, dated September 29, 2014 (refer to older edition )

      3) tariff for support of renewable energy sources is the tariff for sale by accounting and finance center for support of renewable energy sources of electric energy produced by facilities for renewable energy use established by accounting and finance center for support of renewable energy sources in accordance with the rules of tariff determining for support of renewable energy sources approved by the authorized body;

      Subparagraph 4 is given in edition of the Law of the Republic of Kazakhstan No. 239-V, dated September 29, 2014 (refer to older edition )

      4) accounting and finance center on support of renewable energy sources (hereinafter accounting and finance center) is a legal entity created by system operator and determined by the authorized body, carrying out in the order provided by the Present Law, centralized purchase and sale of electric power produced by facilities on renewable energy use and supplied to electric networks of unified electric power system of the Republic of Kazakhstan;

      5) energy producing organization, using renewable energy sources - is a legal entity producing electric and (or) heat energy with renewable energy sources use ;

      Subparagraph 6 is given in edition of the Law of the Republic of Kazakhstan No. 506-V, dated April 28, 2016 (refer to older edition )

      6) expenses on supporting of renewable energy sources use – expenses of accounting and finance center for purchase of electricity generated by facilities on renewable energy sources use, expenses on organizing of electricity production and consumption balancing, expenses on forming of reserve fund and expenses connected with its activities implementation ;

      7) the authorised body on implementation of state policy in support of renewable energy sources use - is a state body that carries out implementation of state policy in support of renewable energy sources use;

      The article is amended with subparagraph 7-1 in accordance with the Law of the Republic of Kazakhstan No. 506-V, dated April 28, 2016

      7-1) installation with using of renewable energy sources - technological and auxiliary equipment with the use of renewable energy sources, designed for electric and heat energy generating;

      8) object on renewable energy sources use - technical devices intended for production of electric and (or) heat energy with the use of renewable energy sources, irrelated constructions and infrastructure that are technologically necessary for object operation on renewable energy sources use and being in object owner`s balance on renewable energy sources use ;

      The article is amended with subparagraph 8-1 in accordance with the Law of the Republic of Kazakhstan No. 269-V, dated April 28, 2016

      8-1) target indicators for development sector of renewable energy sources is the planned indicator electrical energy volume share generated by renewable energy sources in total volume of electricity production, as well as the total installed capacity of renewable energy facilities, including by types;

      Subparagraph 9 is given in edition of the Law of the Republic of Kazakhstan No. 506-V, dated April 28, 2016 (refer to older edition )

      9) targeted aid to individual consumers (hereinafter - targeted aid) is government compensation of expenses` part to individual consumers on installations purchase with renewable energy sources using Kazakhstan production;

      The Article 9 is amended with subparagraph 9-1 in accordance to the Law of the Republic of Kazakhstan No. 506-V, dated April 28, 2016, given in edition of the Law of the Republic of Kazakhstan No. 124-VI, dated December 26, 2017 (came into force since January 1, 2018) (refer to older edition ).

      9-1) renewable energy sources of Kazakhstan production - are renewable energy sources produced by Kazakhstan producers and:

      defined in accordance with the customs legislation of the Eurasian Economic Union and (or) of the Republic of Kazakhstan as fully produced in the Republic of Kazakhstan;

      defined as subjected to sufficient processing in the Republic of Kazakhstan in accordance with the sufficient processing criteria established by the legislation of Eurasian Economic Union and (or) the Republic of Kazakhstan;

      The article is amended with subparagraph 9-2 in accordance with the Law of the Republic of Kazakhstan No. 506-V, dated April 28, 2016.

      9-2) reserve fund is fund formed by accounting and finance center for support of renewable energy sources, the money that is stored in special bank account and is used only to cover cash gaps and debts of accounting and finance center to energy producing organizations using renewable energy sources arising due to non-payment or payment delay by nominal consumers for supplied electricity, produced by facilities on renewable energy sources use;

      Refer to: Rules of reserve fund forming and using

      10) fixed tariff - is a tariff for purchase of electric energy, produced by facilities on renewable energy use by accounting and finance center;

      11) the authorized body - is central executive body, carrying out management and cross-sector coordination on support of renewable energy use;

      The article is amended with subparagraph 11-1) in accordance with the Law of the Republic of Kazakhstan No. 89-VI, dated July 11, 2017.

      11-1) marginal auction price - maximum value of auction price on electric energy;

      Subparagraph 12 is given in edition of the Law of the Republic of Kazakhstan No. 506-V, dated April 28, 2016 (refer to older edition).

      13) individual consumer of electric and (or) heat energy (hereinafter - individual consumer) is physical or legal body who consumes electric and (or) heat energy from the facility on renewable energy use, operating in autonomous mode in nonelectrified cities and (or) settlements, where centralized power supply is economically unreasonable;

      Subparagraph 13 is given in edition of the Law of the Republic of Kazakhstan No. 506-V, dated April 28, 2016 (refer to older edition).

      13) net consumer of electric energy (hereinafter - net consumer) - is a physical or legal body who provides partly or totally his own electric energy consumption from the facility on renewable energy use, that is his as property or by property right, that is involved into electrical distribution system and equipped with systems of separate energy consumption from nets and supply volume, with total capacity to 100 kW, including combined installations of renewable energy sources.

      14) zone of electric energy consumption - is a part of single electric system of the Republic of Kazakhstan, without any technical limitations, preventing consumption of electric energy, produced by the facility on renewable energy use.

Article 2. The legislation of the Republic of Kazakhstan on support of renewable energy use

      1. The legislation of the Republic of Kazakhstan on support of renewable energy use is based on the Constitution of the Republic of Kazakhstan, consists of the Present Law and other regulatory legal acts of the Republic of Kazakhstan.

      2. Social relations arising in the field of biofuel manufacturing and turnover shall be regulated by the legislation of the Republic of Kazakhstan on state regulation of biofuel manufacturing and turnover.

      3. Social relations arising in the process of production, transmission and consumption of electric and (or) heat energy, not regulated by the Present Law, shall be regulated by the legislation of the Republic of Kazakhstan on electric power industry.

      The article is amended with paragraph 3-1 in accordance with the Law of the Republic of Kazakhstan No. 128-V, dated July 4, 2013; there were made amendments in accordance to the Law of the Republic of Kazakhstan 506-V, dated April 28, 2016 (refer to older edition); is given in edition of the Law of the Republic of Kazakhstan No. 89-VI, dated July 11, 2017 (refer to older edition).

      3-1. The provisions of the Present Law regulating the procedure for application of fixed tariffs and auction prices for the purchase of electricity, produced by facilities on renewable energy use, do not apply to:

      energy producing organizations with facilities for renewable energy use, the operating term of which exceeded the payback period established in feasibility study approved and agreed with the authorized body or local executive body;

      hydroelectric power stations with installations located in one hydroelectric complex, with total capacity over thirty five megawatts and (or) reservoirs providing more than a daily period of regulation, with the exception of those that were commissioned after January 1 , 2016.

      The article is amended with paragraph 3-2 in accordance with the Law of the Republic of Kazakhstan No.89-VI, dated July 11, 2017.

      3-2. The provisions of the Present Law relating to qualified nominal consumers apply to a group of people, if one of them established control with respect to another person, and if such people are under the control of one person.

      The control is the ability of individual or legal entity, directly or indirectly (through a legal entity or through several legal entities) to determine decisions made by another legal entity, through one or several of the following actions:

      1) the disposal by more than fifty percent of voting shares (shares in authorized capital, equities) of legal entity;

      2) performance functions of executive body of the legal entity.

      A group of people is considered as a single qualified nominal consumer.

      4. If international treaty, ratified by the Republic of Kazakhstan establishes other rules, than those, contained in the Present Law, the rules of international Contract shall be applied.

Chapter 2. State regulation on support of renewable energy sources use

      There were made amendments into the Article 3 in accordance to the Law of the Republic of Kazakhstan No. 124-V, dated July 3, 2013 (refer to older edition); the Law of the Republic of Kazakhstan No. 128-V, dated July 4, 2013 (refer to older edition)

Article 3. Objectives and forms of state regulation on support of renewable energy use

      1. State regulation on support of renewable energy use shall be carried out in order to create favourable conditions for production of electric and (or) heat energy with the use of renewable energy sources to reduce energy consumption of economy and influence of electric and (or) heat energy production sector on environment and increase the shares of renewable energy use during production of electric and (or) heat energy.

      2. State regulation on support of renewable energy use for production of electric and (or) heat energy shall include:

      Subparagraph 1 is given in edition of the Law of the Republic of Kazakhstan No.506-V, dated April 28, 2016 (refer to older edition)

      1) approval and implementation of placement facilities plan on renewable energy use, taking into account the target indicators for the development of renewable energy sector;

      Subparagraph 1-1 is given in the Law of the Republic of Kazakhstan No. 89-VI, dated July 11, 2017 (refer to older edition)

      1-1) establishment of fixed tariffs and marginal auction prices;

      1-2) providing of targeted assistance;

      2) is excluded bythe Law of the Republic of Kazakhstan No. 461-IV, dated July 15, 2011 (go into effect on expiry six months after the first official publication) (refer to older edition)

      3) is excluded in accordance with the Law of the Republic of Kazakhstan No. 124-V, dated July 3, 2013( refer to older edition ).

      4) creating conditions for training and education of Kazakhstan personnel and conducting of scientific research on renewable energy sources use;

      5) technical regulation;

      6) adoption of regulatory legal acts on renewable energy sources use.


      There were made amendments to the Article 4 in accordance to the Law of the Republic of Kazakhstan No.128-V, dated July 4, 2013 (refer to older edition).

Article 4. Principal directions of state regulation on support of renewable energy use

      State regulation on support of renewable energy use is carried out in the following principal directions:

      1) creation of favourable conditions for construction and operation of objects on renewable energy sources use;

      2) stimulation of production of electric and (or) heat energy with the use of renewable energy sources;

      Subparagraph 3 is given in edition of the Law of the Republic of Kazakhstan No. 376-V, dated October 29, 2015 (effective January 1, 2016) (refer to older edition); the Law of the Republic of Kazakhstan No. 506-V, dated April 28, 2016 (refer to older edition);

      3) providing of investment preferences to legal entities carrying out design, construction and operation of facilities on renewable energy use, in accordance with Commercial Code of the Republic of Kazakhstan;

      4) creation of favourable conditions for effective integration of facilities on renewable energy use into unified electric energy system and heat system and market of electric and heat energy;

      5) assistance in performance of international obligations of the Republic of Kazakhstan on reducing greenhouse gases emission .

      Article 5 is given in edition of the Law of the Republic of Kazakhstan No. 452-IV, dated July 5, 2011 (effective upon expiry three months after first official publication) (refer to older edition); the Law of the Republic of Kazakhstan No. 128-V, dated July 4, 2013 (refer to older edition);

Article 5. Competence of the Government of the Republic of Kazakhstan

      The Government of the Republic of Kazakhstan shall:

      1) develop principal directions of state policy on renewable energy use;

      2) is excluded in accordance with the Law of the Republic of Kazakhstan No.124-V, dated July 3, 2013 ( refer to older edition )
      3) - 7) excluded in accordance with the Law of the Republic of Kazakhstan No. 239-V, dated September 29, 2014 ( refer to older edition )
      Subparagraph 7-1 is given in edition of the Law of the Republic of Kazakhstan No. 239-V, dated September 29, 2014 (refer to older edition ); the Law of the Republic of Kazakhstan No. 89-VI, dated July 11, 2017 (refer to older edition);

      7-1) approve rules for determining of fixed tariffs and marginal auction prices;

      7-2) approve the fixed tariffs;

      7-3) is excluded in accordance to the Law of the Republic of Kazakhstan No. 239-V, dated September 29, 2014 (refer to older edition);
      8) is excluded in accordance to the Law of the Republic of Kazakhstan No. 239-V, dated September 29, 2014 (refer to older edition);

      9) performs other functions, imposed by the Constitution, the Present Law, other Laws of the Republic of Kazakhstan and Laws of the President of the Republic of Kazakhstan.

 Article 6. Competence of authorized body

      Authorized body:

      1) implement state policy on support of renewable energy use;

      2) is excluded in accordance with the Law of the Republic of Kazakhstan No.124-V, dated July 3, 2013 ( refer to older edition)
      There were made amendments to the Subparagraph 3 in accordance to the Law of the Republic of Kazakhstan No.31-V, dated July 10, 2012 (refer to older edition); is given in edition of the Law of the Republic of Kazakhstan No. 239-V, dated September 29, 2014 (refer to older edition).

      3) develops and approves technical regulations on renewable energy sources use and makes proposals for the improvement of national standards on design, construction, operation and safety of facilities for renewable energy use for production of electrical and (or) thermal energy;

      There were made amendments to the Subparagraph 4 in accordance to the Law of the Republic of Kazakhstan No.452-IV, dated July 5, 2011 (effective upon expiry three months after first official publication); (refer to older edition); is given in edition of the Law of the Republic of Kazakhstan No. 239-V, dated September 29, 2014 (refer to older edition); of the Law of the Republic of Kazakhstan No. 239-V, dated September 29, 2014 (refer to older edition).

      4) develops and approves normative legal acts on renewable energy sources use;

      Subparagraph 5 is given in edition of the Law of the Republic of Kazakhstan No. 124-V, dated July 3, 2013 (refer to older edition ); the Law of the Republic of Kazakhstan No. 506-V, dated April 28, 2016 (refer to older edition);

      5) approves the plan of facilities placement for renewable energy use, taking into account the target indicators for development of renewable energy sector;

      The article is amended with sub-paragraph 5-1 in accordance with the Law of the Republic of Kazakhstan No. 506-V, dated April 28, 2016.

      5-1) develops and approves the rules for formation of facilities placement plan for renewable energy use;

      The article is amended with subparagraph 5-2 in accordance with the Law of the Republic of Kazakhstan No. 506-V, dated April 28, 2016.

      5-2) approves the target indicators for the development of renewable energy sector;

      The article is amended with subparagraphs 5-3 and 5-8 in accordance with the Law of the Republic of Kazakhstan No. 89-VI, dated July 11, 2017.

      5-3) develops and approves the procedure for recalculation and redistribution of corresponding electric energy share for qualified nominal consumer based on the results of calendar year by accounting and finance center;

      5-4) coordinates qualified nominal consumers with the type of renewable energy sources, capacity and facility location for renewable energy use in accordance with facilities placement plan for renewable energy use and technical capabilities of unified electric power system of the Republic of Kazakhstan;

      5-5) develops and approves the rules for organization and auction sales conducting, including qualification requirements for auction participants, content and procedure for application filing, types of financial security of application for participation in auction and conditions for their entry and return, the procedure for summing up the results and determining the winners;

      5-6) determines the organizer of auction sales;

      5-7) determines the terms of auction sales, planned capacity by the type of renewable energy sources, proposed zones (areas) of facilities placement for renewable energy use in accordance with the plan of facilities placement for renewable energy sources use;

      5-8) approves the marginal auction prices;

      6) is excluded in accordance with the Law of the Republic of Kazakhstan No. 128-V, dated July 4, 2013 (refer to earlier edition).
      Subparagraph 7 is given in edition of the Law of the Republic of Kazakhstan No. 239-V, dated September 29, 2014 (refer to older edition).

      7) approves the procedure and monitors renewable energy use;

      There were made amendments to the Subparagraph 8 in accordance to the Law of the Republic of Kazakhstan No.452-IV, dated July 5, 2011 (effective upon expiry three months after first official publication); (refer to older edition); is given in edition of the Law of the Republic of Kazakhstan No. 239-V, dated September 29, 2014 (refer to older edition);

      8) develops and approves the procedure and terms for determining the nearest point of connection to electric or heat grids and connecting facilities for renewable energy sources use;

      The article is amended with subparagraph 8-1 in accordance with the Law of the Republic of Kazakhstan No. 128-V July 4, 2013.
      8-1) is excluded in accordance with the Law of the Republic of Kazakhstan No. 159-V, dated January 13, 2014 ((refer to older edition).
      9) excluded in accordance with the Law of the Republic of Kazakhstan No. 102-V, dated June 13, 2013 ( refer to older edition).
      Article was amended with subparagraph 9-1 in accordance with the Law of the Republic of Kazakhstan No. 506-V, dated April 28, 2016.

      9-1) develops and approves standard agreement on connecting facilities for renewable energy use, as well as the procedure and terms for its conclusion;

      The article is supplemented with subparagraph 9-2 in accordance with the Law of the Republic of Kazakhstan No. 506-V, dated April 28, 2016.

      9-2) develops and approves the rules for formation and use of the reserve fund;

      There were made amendments to the Subparagraph 10 in accordance to the Law of the Republic of Kazakhstan No. 452-IV , dated July 5, 2011 (effective upon expiry three months after first official publication); (refer to older edition); is given in edition of the Law of the Republic of Kazakhstan No. 128-V, dated July 4, 2013 (refer to older edition); of the Law No. 239-V, dated September 29, 2014 (refer to older edition); the Law of the Republic of Kazakhstan No. 89-VI July 11, 2017 (refer to older edition).

      10) develops and approves rules for centralized purchase and sale of electric energy produced by facilities for renewable energy sources use by accounting and finance center, corresponding standard forms of contracts of accounting and finance center with energy-producing organizations using renewable energy sources, nominal consumers and qualified nominal consumers;

      Article was amended with subparagraphs 10-1, 10-2 and 10-3 in accordance to the Law of the Republic of Kazakhstan No. 128-V, dated July 4, 2013; is given in edition of the Law No. 239-V, dated September 29, 2014 (refer to older edition).
      10-1) develops rules for determining fixed tariffs, develops and approves the rules for determining the tariff on support of renewable energy sources;
      10-2) is excluded in accordance to the Law of the Republic of Kazakhstan No. 159-V , dated January 13, 2014 (refer to older edition).
      Subparagraph 10-3 is given in edition of the Law of the Republic of Kazakhstan No. 506-V, dated April 28, 2016 (refer to older edition).

      10-3) develops and approves the rules for formation of energy-producing organizations list , using renewable energy sources and places it on its Internet resource;

      The article is amended with subparagraphs 10-4 - 10-7 in accordance with the Law of the Republic of Kazakhstan No. 239-V, dated September 29, 2014.
      10-4) is excluded in accordance with the Law of the Republic of Kazakhstan No. 506-V, dated April 28, 2016 (refer to older edition).

      10-5) determines accounting and finance center;

      10-6) approves functioning rules of balancing electricity market;

      10-7) develops and approves the rules for providing targeted assistance to individual consumers;

      11) coordinates the interaction of state bodies, subjects of private entrepreneurship and scientific and scientific and technical activity in relation to development and use of renewable energy sources;

      12) carries out international cooperation on renewable energy sources use;

      The article is amended with subparagraph 13 in accordance with the Law of the Republic of Kazakhstan No. 452-IV, dated July 5, 2011 (effective upon expiry three months after first official publication).

      13) carries out other powers provided by the present Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

      The Law is amended with the Article 6-1 in accordance to the Law of the Republic of Kazakhstan No. 102-V, dated June 13, 2013.

Article 6-1. Competence of authorised body on implementation of state policy on support of renewable energy sources

      The authorised body on implementation of state policy on support of renewable energy sources shall:

      1) implement state policy on support of renewable energy use;

      2) carry out monitoring of facilities connection on renewable energy use to electric or heat networks of energy producing organizations in accordance with the legislation of the Republic of Kazakhstan on electric power industry;

      3) carry out other powers provided by the Present Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

Article 7. Competence of local executive bodies of regions, city of republican status and capital

      Local executive bodies of regions, city of republican status and the capital:

      3) is excluded in accordance with the Law of the Republic of Kazakhstan No. 124-V, dated July 3, 2013 (refer to older edition).
      2) is excluded in accordance with the Law of the Republic of Kazakhstan No.124-V, dated July 3, 2013 ( refer to older edition).
      Subparagraph 3 is given in edition of the Law of the Republic of Kazakhstan No. 128-V, dated July 4, 2013 (refer to older edition); the Law of the Republic of Kazakhstan No. 269-V, dated December 29, 2014 (refer to older edition)

      3) coordinate the facilities construction projects on renewable energy use located in subordinated territory for production of thermal energy supplied to the centralized heating system;

      The Article is amended with the subparagraph 3-1 in accordance to the Law of the Republic of Kazakhstan No. 124-V, dated July 3, 2013; is given in edition of the Law of the Republic of Kazakhstan No. 506-V, dated April 28, 2016 (refer to older edition).

      3-1) reserve and provide land plots for construction of facilities on renewable energy use in accordance with the land legislation of the Republic of Kazakhstan and the plan for facilities placement on renewable energy sources;

      The Article is amended with the Subparagraph 3-2 in accordance to the Law of the Republic of Kazakhstan No. 506-V, dated April 28, 2016.

      3-2) provide targeted assistance to individual consumers;

      The article is amended with subparagraph 4 in accordance with the Law of the Republic of Kazakhstan No. 452-IV , dated July 5, 2011 (effective upon expiry three months after first official publication)

      4) carry out other powers imposed on local executive bodies by legislation of the Republic of Kazakhstan in behalf of local state administration.


      The Chapter is amended with the article 7-1 in accordance with the Law of the Republic of Kazakhstan No. 128-V, dated July 4, 2013 (effective upon expiry six months after first official publication)

Article 7-1. Obligations of participants in production, transmission and purchase of electrical energy produced by renewable energy sources

      1. Energy-transfer organizations, with connected facilities on renewable energy use, are obliged to submit information on volumes of electric power supplied by the facilities for renewable energy sources use in their grids, based on the readings of devices for commercial metering of electrical energy to accounting and finance center on a monthly basis.

      2. Nominal customers have to:

      1) to conclude annually agreements with accounting and finance center for the purchase of electric energy produced by energy producing organizations using renewable energy sources in accordance with the standard form and pay not later than thirty calendar days after the end of the month of delivery;

      2) to provide accounting and finance center with monthly information on forecast volumes of generation, supply in grid, delivery to energy transmission organizations or reception outside the Republic of Kazakhstan of electric energy for ten calendar days prior to the delivery month;

      3) to send information to accounting and finance center on forecast volumes of generation, supply in grid, and supply to the energy transmission organizations of electric power for the coming year annually, by the 20th of December.

      The Article is amended with the Paragraph 2-1 in accordance with the Law of the Republic of Kazakhstan No. 89-VI, dated July 11, 2017

      2-1. Qualified nominal consumers bear the obligations stipulated by subparagraphs 2) and 3) of paragraph 2, as well as by paragraphs 6, 6-1, 6-2 and 8 of the present article.

      Qualified nominal consumers are obliged to conclude annually agreements with taccounting and finance center for the purchase of electric energy produced by energy producing organizations using renewable energy sources in accordance with the standard form.

      3. Accounting and finance center obligates to:

      1) purchase, in order established by the Present Law, from energy producing organizations using renewable energy sources, electric energy produced by facilities on renewable energy sources use and supplied to unified electric power system of the Republic of Kazakhstan, at fixed tariff, acting on the date of contract conclusion of sale and purchase between accounting and finance center and energy producing organization using renewable energy sources, taking into account the indexation provided in paragraph 2 of Article 8-1 of the Present Law and pay not later than fifteen working days after the expiration of payment period established by nominal consumers;

      Paragraph is amended with the subparagraph 1-1 in accordance with the Law of the Republic of Kazakhstan No. 89-VI, dated July 11, 2017

      1-1) purchase, in order established by the Present Law, from energy producing organizations using renewable energy sources, electric energy produced by the facilities on renewable energy sources use and supplied to unified electric power system of the Republic of Kazakhstan, at auction prices determined by the results of auction sales, taking into account the indexation provided in paragraph 2 of Article 8-1 of the Present Law, and pay not later than fifteen working days after expiry of the term rate established for nominal consumers;

      2) purchase, in the order established by the Present Law, electric energy purchased from energy producing organizations using renewable energy sources to nominal consumers at tariff for support of renewable energy sources in accordance with zone of electric energy consumption;

      3) determine the predicted expenses for the year ahead for supporting renewable energy use per one kilowatt-hour of electricity produced from all types of renewable energy sources and supplied to unified electric power system of the Republic of Kazakhstan and publish relevant information on Internet resource not later than the fifteenth of January of the forecast year.

      Paragraph 4 is given in edition of the Law of the Republic of Kazakhstan No. 89-VI , dated July 11, 2017 (refer to older edition)

      4. Accounting and finance center concludes contracts for the purchase and sale of electric power with energy producing organizations using renewable energy sources, where the support is carried out in accordance with the Present Law and authorized body included in the list of energy producing organizations using renewable energy sources for a period of fifteen years.

      5 Accounting and finance center is obliged to audit the annual financial statements in accordance with the Law of the Republic of Kazakhstan "On Audit" and present its results to the authorized body.

      6. Energy-producing organizations using renewable energy sources are obliged:

      1) to provide monthly accounting and finance center with information on forecast volumes of generation, supply in the electricity grid for ten calendar days prior to the delivery month;

      2) to provide monthly accounting and finance center with information on actual daily output, electricity supply in the grid not later than the fifth day of the month following the delivery month;

      3) to send information to accounting and finance center on forecast volumes of electricity generation and supply in grid for the coming year, broken down by months annually, by the 20th of December;

      4) to submit to regional electric company and (or) the system operator daily and monthly (for ten calendar days before the beginning of the month) schedules of electricity supply;

      The Paragraph is amended with the subparagraph 5 in accordance with the Law of the Republic of Kazakhstan No. 506-V, dated April 28, 2016

      5) to ensure compliance with daily schedules for production of electricity in accordance with the legislation of the Republic of Kazakhstan.

      The article is amended with the subparagraph 6-1 in accordance with the Law of the Republic of Kazakhstan No. 506-V, dated April 28, 2016

      6-1. Along with the duties specified in paragraph 6 of the present article, energy producing organizations that use renewable energy sources with installed capacity of at least one megawatt are obliged to comply with the operating modes set by the system operator of generating installations of power plant in accordance with the legislation of the Republic of Kazakhstan.

      The article is amended with the subparagraph 6-2 in accordance with the Law of the Republic of Kazakhstan No. 506-V, dated April 28, 2016

      6-2. Hydroelectric power stations equipped with reservoirs are obliged to carry out intra-day regulation of electric power generation in accordance with the orders of system operator when implementing centralized operational dispatch management of unified electric power system of the Republic of Kazakhstan within the framework of water regime approved by the authorized body in the field of use and protection of water fund.

      There were made amendments in accordance to the Law of the Republic of Kazakhstan No. 506-V, dated April 28, 2016 (refer to older edition)

      7. Energy producing organizations that use renewable energy sources submit an application for concluding the purchase and sale contract with accounting and finance center for the purchase of electric energy produced by renewable energy sources within sixty calendar days after their inclusion in the list of energy producing organizations using renewable energy sources.

      The energy producing organization using renewable energy sources provides the following materials and documents to the application for concluding the contract for sale and purchase of electricity generated by renewable energy sources:

      1) copies of entitlement documents;

      2) information on supplied electricity volumes.

      The Article is amended with the Paragraph 8 in accordance to the Law of the Republic of Kazakhstan No. 506-V, dated April 28, 2016; is given in edition of the Law of the Republic of Kazakhstan No. 89-VI , dated July 11, 2017 (refer to older edition)

      8. All energy producing organizations that use renewable energy sources, including energy producing organizations that are part of qualified nominal consumer, must have an automated system of commercial accounting at their facility for renewable energy use. The automated system of commercial accounting should be able to remotely transmit data to the regional dispatch centers.

 Chapter 3. Support of renewable energy sources use

      Article 8. Is excluded by the Law of the Republic of Kazakhstan No. 124-V, dated July 3, 2013 ( refer to older edition)
       The Chapter is amended with the Article 8-1 in accordance to the Law of the Republic of Kazakhstan No. 128-V, dated July 4, 2013; headline is given in edition of the Law of the Republic of Kazakhstan No. 89-VI , dated July 11, 2017 (refer to older edition)

Article 8-1 Fixed tariff and auction price

      1. Fixed tariffs shall be approved by the Government of the Republic of Kazakhstan by validity of fifteen years for each type of renewable energy sources, the support of which is provided by the documents of State Planning System of the Republic of Kazakhstan.

      There were amendements to the Paragraph 2 in accordance to the Law of the Republic of Kazakhstan No. 506-V, dated April 28, 2016 (refer to older edition); the Law of the Republic of Kazakhstan No. 89-VI , dated July 11, 2017 (refer to older edition)

      2. The approved fixed tariffs and auction prices are annually indexed in order determined by the Government of the Republic of Kazakhstan.

      The approved fixed tariffs, depending on structure of project financing and economic feasibility, are subject to annual indexation taking into account change in currency exchange rate to foreign currencies in order determined by the Government of the Republic of Kazakhstan.

      Paragraph 3 is given in edition of the Law of the Republic of Kazakhstan No. 506-V, dated April 28, 2016 (refer to older edition)

      3. In order to achieve the target indicators stipulated by the documents of State planning system of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan has right to adjust the levels of previously approved fixed tariffs annually. The Act of the Government of the Republic of Kazakhstan on the adjustment of approved fixed tariffs is put into effect not earlier than two years after its first official publication in periodicals distributed throughout the Republic of Kazakhstan in Kazakh and Russian.

      To encourage the introduction of facilities for renewable energy sources of low power, as well as providing electricity to areas with less favorable natural, climatic, technical or other conditions for the development of renewable energy sources, fixed tariffs are differentiated depending on installed capacity of renewable energy sources.

      The Present paragraph does not apply to existing sale and purchase contracts of accounting and finance center with energy producing organizations that use renewable energy sources.


      The Article 9 is given in edition of the Law of the Republic of Kazakhstan No. 128-V, dated July 4, 2013 (refer to older edition)

Article 9. Support on sale of electric and (or) heat energy produced by facilities on renewable energy use

      1. Energy producing organization that uses renewable energy sources, shall have the right to sell produced electric energy at its discretion by one of the following options:

      Subparagraph 1 is given in edition of the Law of the Republic of Kazakhstan No. 89-VI, dated July 11, 2017 (refer to older edition )

      1) to accounting and finance center at fixed tariff effective as of the date of concluding purchase and sale contract between it and accounting and finance center, or at the auction price determined on the results of auction sales, taking into account the indexation provided by paragraph 2 of the Article 8-1 of the Present Law ;

      2) to consumers at contract price according to concluded bilateral agreements in accordance with the legislation of the Republic of Kazakhstan on electric power industry.

      Energy producing organization using renewable energy sources and carries out activity in accordance with subparagraph 2) of part one of the present paragraph, shall not have the right to change to sale of produced electric energy provided by subparagraph 1) of part one of the present paragraph.

      2. There were made amendments to the Paragraph 2 in accordance with the Law of the Republic of Kazakhstan No. 89-VI , dated July 11, 2017 (refer to older edition)

      2. Expenses for support of renewable energy sources shall be distributed by accounting and finance centre between nominal consumers of electric energy proportionally to share of their release to networks.

      At the same time, the expenses of supporting renewable energy sources are not distributed by the calculation and financial center to qualified nominal consumer, except for the case provided in paragraph 2-1 of the present article.

      The Article is amended with the Paragraph 2-1 in accordance with the Law of the Republic of Kazakhstan No. 89-VI, dated July 11, 2017

      2-1. Accounting and finance center , in order approved by the authorized body, recalculates and redistributes the corresponding share of electric energy to qualified nominal consumer in case when the ratio of annual volume of electricity generation (or volume for shorter period in electricity generation less than one calendar year) by the facility on renewable energy use commissioned by qualified nominal user, to volume of supply to the network by nominal consumer will be less than each of the two following indicators:

      1) the actual indicator of electrical energy volume share generated by renewable energy sources in total volume of electricity production;

      2) the target indicator, stipulated by the documents of State planning system of the Republic of Kazakhstan.

      Paragraph 3 is given in edition of the Law of the Republic of Kazakhstan No. 506-V, dated April 28, 2016 (refer to older edition)

      3. In case the amount of money received by accounting and finance center from the sale of electricity from renewable energy sources in accordance with subparagraph 2) of paragraph 3 of the Article 7-1 of the Present Law is less or exceeds the amount necessary to recover the costs of renewable energy sources supporting in current quarter, the accounting and finance center recalculates and redistributes expenses between nominal electricity consumers for the next quarter.

      In case of money shortage from nominal consumer due to its withdrawal from the market, liquidation, accounting and finance center distributes the corresponding share of electricity that was calculated for the consumer, to all nominal consumers in proportion to their consumption volume in relation to the total volume of electricity consumption in the Republic of Kazakhstan.

      4. Expenses of the nominal consumer on electric energy purchase from accounting and finance center, produced by the facilities on renewable energy sources, are compensated by the buyer of electric power of nominal consumer proportionally to the relevant volume share of purchased electric energy on relation to the total volume of released electric energy.

      Refer to: The Letter of Ministry of Energy of the Republic of Kazakhstan No. 5-05/ЖТ-С-20 '"Rights and obligations of nominal electrical customers from RES", dated February 4, 2016
      The Article is amended with the Paragraph- in accordance with the Law of the Republic of Kazakhstan No. 506-V, dated April 28, 2016

      4-1. The expenses of nominal consumer for purchase of electrical energy produced by the facilities for renewable energy use from accounting and finance center are taken into account when determining the value of marginal tariff for electricity.

      5. Sale and purchase contracts of heat energy produced by energy producing organisations using renewable energy sources shall be concluded for the period of no less than the payback period of construction project on renewable energy use, determined in technical and economic justification of construction project on renewable energy use.

      There were amendments to the Paragraph 6 in accordance to the Law of the Republic of Kazakhstan No. 34-VI, dated December 28, 2016 (refer to older edition)

      6. All heat energy produced by facility on renewable energy use and supplied to centralised heat supply system of inhabited locality with parameters that correspond to parameters of coolant in centralised heat supply system, shall be purchased by energy supplying organisations of this inhabited locality.

      The expenses on heat energy produced by the facility for renewable energy sources is included into the tariff of energy supply organization in order established by the legislation of the Republic of Kazakhstan on natural monopolies.

      Energy producing organization using renewable energy sources shall agree with energy supplying organization the periods of delivery of heat energy in centralised heat supply system depending on sessional nature of heat supply.

      Energy producing organization using renewable energy sources shall be excused from paying services of energy transmitting organizations on transmission of heat energy during heat energy supply.

      7. Energy transmitting organizations shall provide free access for transmission through the networks by energy producing organizations that use renewable energy sources, in accordance with the legislation of the Republic of Kazakhstan.

      Energy producing organizations using renewable energy sources shall be excused from paying services of energy transmitting organizations on transmission of electric energy during electric energy supply .

      Paragraph 8 is given in edition of the Law of the Republic of Kazakhstan No. 239-V, dated September 29, 2014 (refer to older edition)

      8. Financial settlement of electrical energy imbalances from facilities on renewable energy sources is carried out by accounting and finance center under the tariff for renewable energy in accordance with the rules for functioning of balancing electricity market approved by the authorized body.

      Paragraph 9 is given in edition of the Law of the Republic of Kazakhstan No. 506-V, dated April 28, 2016 (refer to older edition)

      9. The net-consumer pays electric power supply consumed by energy-supplying organization servicing at its current tariff, consumed during the billing period from the electric grid, minus the volume supplied to the power grid in the same period.

      In case of exceeding the volume of electric energy supplied by the net consumer for billing period to electric grid, over the amount of electric energy consumed by it for the same period from the grid, the serving power supply organization pays to net consumer at its current tariff for sale the supplied electric energy by the net consumer in the volume of еру above excess.

      Purchase and sale of electricity from net consumers by power supply organization is carried out in accordance with the Rules for purchase and sale of electricity from net consumers, developed and approved by the authorized body.

      The Paragraph 10 is given in edition of the Law of the Republic of Kazakhstan No. 239-V, dated September 29, 2014 (refer to older edition)

      10. The state provides targeted assistance to individual consumers in amount of fifty percent of installations cost for renewable energy use with a total capacity of not more than five kilowatts in the order determined by the authorized body. The targeted assistance is paid after the commissioning of installation for renewable energy use.

      11. An individual consumer received targeted assistance on acquisition of installation on renewable energy use, and shall not have the right to carry out sale of electric and (or) heat energy produced on this installation to other consumers.


      There were made amendments to the Article 10 iin accordance with the Law No. 128-V, dated July 4, 2013 (effective upon expiry three months after first official publication) (refer to older edition)

Article 10. Support on connection of facilities using renewable energy sources to electric or heat networks of energy transmitting organization and transmission of electric and (or) heat energy

      1. Newly constructed facilities for use of renewable energy sources, as well as reconstructed facilities, irrespective of the commissioning period, are connected to the nearest point of electric or thermal grids of energy transmission organization, corresponding to voltage class or coolant parameters in the common heat supply network.

      The Article is amended with the Paragraph 1-1 in accordance with the Law of the Republic of Kazakhstan No. 506-V, dated April 28, 2016

      1-1. Energy producing organization planning the creation (expansion, reconstruction) of new or existing facilities on renewable energy use, and energy transmission organization, to electrical grids of which the facilities for renewable energy sources are directly connected, are obliged to conclude standard contract on connection of facilities for renewable energy use in the order and within the terms specified by the authorized body for implementation of state policy on supporting renewable energy sources jointly with the authorized body in electric power industry. At the same time, the concluded contract provides responsibility of energy producing organization that plans to create (expand, reconstruct) new or existing facilities for renewable energy use and energy transmission organization, to electrical grids of which the renewable energy facilities are directly connected, for failure to fulfill or improperly fulfill its conditions.

      2. Energy transmitting organizations shall provide unimpeded and non-discriminatory determination of the closest access point of electric or heat networks that correspond to the voltage class or parameters of coolant in the common heat supply network, and connection of objects on renewable energy use.

      3. In case of limiting capacity of electric networks of energy transmission organizations, the priority should be given to the transmission of electrical energy produced by energy producing organization using renewable energy sources. This requirement does not apply to the periods of liquidation of emergency violations by the system operator in unified power system of the Republic of Kazakhstan.

      4. At forming daily dispatch schedules for supply and consumption of electrical energy to electric grids of unified electric power system of the Republic of Kazakhstan, supplies from facilities for renewable energy use shall be included in it in priority order.

      The Paragraph 5 is given in edition of the Law of the Republic of Kazakhstan No. 506-V, dated April 28, 2016 (refer to older edition); the Law of the Republic of Kazakhstan No. 34-VI, dated December 28, 2016 (refer to older edition)

      5. In case of expansion and reconstruction of existing electric and heat networks by power transmission organizations to connect facilities for renewable energy use, the relevant costs are included into tariffs of energy transmission organizations in the order established by the legislation of the Republic of Kazakhstan on natural monopolies.

      6. The expenses associated with the construction of network from facility for renewable energy sources to the point of network connection to energy transmission organization, with connection to the grid, the transfer of energy from the facility for renewable energy use to the point of connection to network of energy transmission organization and measurement of supplied energy are assigned on the owner of the facility for renewable energy sources.

       The title of Chapter 4 is given in edition of the Law of the Republic of Kazakhstan No. 89-VI , dated July 11, 2017 (refer to older edition)

Chapter 4. Final and transitional provisions 

Article 11. Liability for violation of legislation of the Republic of Kazakhstan on support of renewable energy sources

      Violation of legislation of the Republic of Kazakhstan on support of renewable energy sources shall involve responsibility established by the Laws of the Republic of Kazakhstan.


      The Law is amended with the Article 11-1 in accordance with the Law of the Republic of Kazakhstan No. 89-VI, dated July 11, 2017

Article 11-1. Transitional Provisions

      The standards of the present Law regulating the procedure for application of fixed tariffs for the purchase of electricity produced by renewable energy sources are only applicable to contracts concluded by accounting and finance center with energy producing organizations using renewable energy sources before the provisions on application of auction prices.


      There were made amendments to the Article 12 in accordance with the Law of the Republic of Kazakhstan No. 89-VI , dated July 11, 2017 (refer to older edition)

Article 12. Order of entering the Present Law into force

      The Present Law enters into force upon expiration of ten calendar days after the day of its first official publication.

       President
      of the Republic of Kazakhstan N. NAZARBAYEV