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JOINT ORDER OF THE MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN AND I.O. OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of November 23, 2018 No. 453, on November 23, 2018 No. 77

About approval of criteria for evaluation of risk degree and checking sheets when carrying out transactions on subsurface use in the field of hydrocarbons, uranium production

(as amended on 24-02-2021)

According to Item 3 of Article 141, Item 1 of article 143 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 we ORDER:

1. Approve:

1) criteria for evaluation of risk degree when carrying out transactions on subsurface use in the field of hydrocarbons according to appendix 1 to this joint order;

2) checking leaf when carrying out transactions on subsurface use in the field of hydrocarbons concerning the physical persons or legal entities having rights of carrying out transactions on subsurface use in the field of hydrocarbons according to appendix 2 to this joint order;

3) checking leaf when carrying out transactions on subsurface use in the field of hydrocarbons concerning the physical persons and legal entities performing activities for designing (technological) and (or) operation of mining facilities (hydrocarbons), petrochemical productions, operation of trunk gas pipelines, oil pipelines, oil pipelines in the field of hydrocarbons according to appendix 3 to this joint order;

4) checking leaf when carrying out transactions on subsurface use in the field of production of uranium concerning the physical persons or legal entities having rights of carrying out transactions on subsurface use in the field of production of uranium according to appendix 4 to this joint order.

2. Declare invalid the joint order of the acting minister of power industry of the Republic of Kazakhstan of December 14, 2015 No. 718 and the Minister of national economy of the Republic of Kazakhstan of December 28, 2015 No. 800 "About approval of criteria for evaluation of risk degree and checking leaf in the field of carrying out oil operations" (it is registered in the Register of state registration of regulatory legal acts for No. 12673, it is published on January 27, 2016 in information system of law of Ad_let).

3. In spheres of hydrocarbons and subsurface use of the Department of Energy of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan to provide to department of the state control:

1) state registration of this joint order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this joint order the direction it in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this joint order on Internet resource of the Department of Energy of the Republic of Kazakhstan;

4) within ten working days after state registration of this joint order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Department of Energy of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item.

4. To impose control of execution of this joint order on the supervising vice-Minister of Energy of the Republic of Kazakhstan.

5. This joint order becomes effective after ten calendar days after day of its first official publication.

Minister of Energy of the Republic of Kazakhstan

 

K. Bozumbayev

Acting minister of national economy of the Republic of Kazakhstan

 

R. Dalenov

It is approved

Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan

 

Appendix 1

to the Joint Order of the Minister of Energy of the Republic of Kazakhstan and the acting minister of national economy of the Republic of Kazakhstan of November 23, 2018 No. 453, on November 23, 2018 No. 77

Criteria for evaluation of risk degree when carrying out transactions on subsurface use in the field of hydrocarbons

Chapter 1. General provisions

1. These Criteria for evaluation of risk degree when carrying out transactions on subsurface use in the field of hydrocarbons (further - Criteria) are developed according to Item 3 of Article 141 and Item 1 of article 143 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 (further - the Entrepreneurial code), the Code of the Republic of Kazakhstan of December 27, 2017 "About subsoil and subsurface use" (further - the Code) and Rules of forming by state bodies of system of risks assessment and form of the checking sheets approved by the order of the acting minister of national economy of July 31, 2018 No. 3 (it is registered in the Register of state registration of regulatory legal acts for No. 17371) for the purpose of reference of subjects (objects) of control when carrying out transactions on subsurface use in the field of hydrocarbons on risk degrees.

2. In Criteria the following concepts are used:

1) insignificant violations - the violations connected with:

lack of the approved plan of geological and technical actions for ensuring regulations of selection of liquid from wells and operational object in general;

non-compliance with requirements for storage by subsoil users throughout the entire period of operation of subject of information on the carried-out repair work, their content, the between-repairs period of operation of the equipment and wells, and also technical and economic efficiency of the performed works;

lack of the order of the subsoil user with the decision on preservation or liquidation of technological objects;

non-compliance with the requirement for the direction by the subsoil user in notifying procedure in competent authority of the analysis of mining of hydrocarbons;

non-compliance with the requirement for the direction annually in authorized body in the field of hydrocarbons of reports on accomplishment of development programs of conversion of sour gas;

non-compliance with the requirement for independent testing of each productive layer in case of approbation of layer and testing of wells;

non-compliance with the requirement for testing of objects in well in case of allocation by search or appraisal wells of productive layers (objects of testing in well) for the term established by the project of prospecting works, but no more than 90 (ninety) days for each object of testing with carrying out complex of trade and geological and hydrodynamic researches;

absence in technological operating mode of wells of technological regulation of selection of liquid - for each production well and amount of the forced forcing-out agent (susceptibility) - for each delivery well;

non-compliance with the requirement for carrying out complex of researches on each operational object (determination of component composition of formation fluid, viscosity, density, pressure of saturation, gas content, volume coefficient, compositions of the emitted gas and the decontaminated oil, and also dependence of gas content, volume coefficient and density of formation fluid from pressure) according to the schedule of selection of deep tests of oil/gas condensate from wells taking into account commissioning of new wells and their uniform distribution on the area of deposit;

non-compliance with the requirement for carrying out monitoring of operational objects in case of development of gas and gas-condensate fields, in case of development of wells and before their start-up in operation after stops or the period of preservation;

non-compliance with the requirement for reflection in stock balance of gas of losses of gas with explanation of their reasons;

non-compliance with requirements to forming of tender committee according to procedure for acquisition by subsoil users and their contractors of the goods, works and services used when carrying out transactions on investigation or hydrocarbon production;

non-compliance with requirements to placement of the announcement of holding open tender and the tender documentation in the register (system) according to procedure for acquisition by subsoil users and their contractors of the goods, works and services used when carrying out transactions on investigation or hydrocarbon production;

non-compliance with requirements to providing the bid according to procedure for acquisition by subsoil users and their contractors of the goods, works and services used when carrying out transactions on investigation or hydrocarbon production;

2) considerable violations - the violations connected with:

non-compliance with binding regulation of the Code;

lack of information of the Central commission on investigation and development of fields of hydrocarbons of the Republic of Kazakhstan, the working group on development of offers on approval of Development programs of conversion of sour gas about violations of requirements of the legislation of the Republic of Kazakhstan in the field of subsurface use and project documents;

lack of information about unaccepted the subsoil user on balance of earlier drilled wells;

lack of information from the dispatcher (the legal entity who is under authority of authorized body in the field of hydrocarbons and performing maintaining the single database) on non-presentation of 20 and more times for the analyzed report period according to appendices 1, 2, 3, 4, 5, 6, 13, 14, 15, 16, 17, 18, 25, 26, 27 to the order of the Minister of Energy of the Republic of Kazakhstan of May 23, 2018 No. 203 (it is registered in the Register of state registration of regulatory legal acts for No. 17036), the entailed submission to authorized body of incomplete annual information on results of monitoring and the analysis of reports;

lack of the confirmed information from structural divisions of authorized body in the field of hydrocarbons or its subordinated organization about lack of the Development program of conversion of sour gas and (or) about carrying out goods by the subsoil user of purchase, the works and services which are not provided in annual (for one financial year) and medium-term (on five financial years) programs of purchase of goods, works and services;

3) risk when carrying out transactions on subsurface use in the field of hydrocarbons - probability of damnification as a result of activities of the subject of control of life or to health of the person, the environment, legitimate interests of physical persons and legal entities, valuable interests of the state taking into account severity of its effects, probability of decrease in development of oil-and-gas sector, not achievement of the planned level of production of oil and gas;

4) gross violations - the violations connected with availability of information on combustion of gas without the permission of authorized body on analysis results of reports on the actual monthly production of associated and natural gas about monthly information on movement of associated and natural gas, about annual information according to the plan of production of associated and natural gas, and also the report on accomplishment of the development program of conversion of sour gas;

non-compliance with the prohibiting Code regulation;

availability of three confirmed facts of claims or addresses in the analyzed period concerning violation of requirements of procedure for acquisition by subsoil users and their contractors of goods, works and services when carrying out transactions in investigation and (or) hydrocarbon production;

5) system of risks assessment - complex of actions, performed by control facility on purpose appointments and preventive control with visit of subject (object) of control;

6) objective criteria for evaluation of risk degree (further - objective criteria) - the criteria for evaluation of risk degree used for selection of subjects (objects) of control depending on risk degree when carrying out transactions on subsurface use in the field of hydrocarbons and which are not depending directly on separate subject (object) of control;

7) subjective criteria for evaluation of risk degree (further - subjective criteria) - the criteria for evaluation of risk degree used for selection of subjects (objects) of control depending on results of activities of specific subject (object) of control.

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