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

of November 29, 2022 No. 387, on November 30, 2022 No. 96

About approval of criteria for evaluation of risk degree and checking sheets in the field of control on compliance to qualification requirements in the field of hydrocarbons

According to Item 5 of Article 141, Item 1 of article 143 of the Entrepreneurial code of the Republic of Kazakhstan PRIKAZYVAYEM:

1. Approve:

1) criteria for evaluation of risk degree in the field of control on compliance to qualification requirements in the field of hydrocarbons, according to appendix 1 to this joint order;

2) checking leaf in the field of control on compliance to qualification requirements concerning the licensees who obtained the license for works and services in the field of hydrocarbons on activities subspecies "Well-drilling on the land, at the sea and on internal reservoirs in case of exploration and production of hydrocarbons" according to appendix 2 to this joint order;

3) checking leaf in the field of control on compliance to qualification requirements concerning the licensees who obtained the license for works and services in the field of hydrocarbons on activities subspecies "Creation of basic project documents for fields of hydrocarbons and the analysis of development of fields of hydrocarbons" according to appendix 3 to this joint order;

4) checking leaf in the field of control on compliance to qualification requirements concerning the licensees who obtained the license for works and services in the field of hydrocarbons on activities subspecies "Creation of technical project documents for fields of hydrocarbons" according to appendix 4 to this joint order;

5) checking leaf in the field of control on compliance to qualification requirements concerning the licensees who obtained the license for works and services in the field of hydrocarbons on activities subspecies "Works on prevention and liquidation of floods on fields of hydrocarbons at the sea" according to appendix 5 to this joint order;

6) checking leaf in the field of control on compliance to qualification requirements concerning the licensees who obtained the license for works and services in the field of hydrocarbons on activities subspecies "Geophysical works in case of exploration and production of hydrocarbons" according to appendix 6 to this joint order;

7) checking leaf in the field of control on compliance to qualification requirements concerning the licensees who obtained the license for works and services in the field of hydrocarbons on activities subspecies "Underground repair, testing, development, approbation, preservation, liquidation of wells in case of exploration and production of hydrocarbons" according to appendix 7 to this joint order;

8) checking leaf in the field of control on compliance to qualification requirements concerning the licensees who obtained the license for works and services in the field of hydrocarbons on activities subspecies "Cementation of wells in case of exploration and production of hydrocarbons" according to appendix 8 to this joint order;

9) checking leaf in the field of control on compliance to qualification requirements concerning the licensees who obtained the license for works and services in the field of hydrocarbons on activities subspecies "Trade researches in case of exploration and production of hydrocarbons" according to appendix 9 to this joint order;

10) checking leaf in the field of control on compliance to qualification requirements concerning the licensees who obtained the license for works and services in the field of hydrocarbons on activities subspecies "Seismoprospecting works in case of exploration and production of hydrocarbons" according to appendix 10 to this joint order;

11) checking leaf in the field of control on compliance to qualification requirements concerning the licensees who obtained the license for works and services in the field of hydrocarbons on activities subspecies "Prostrelochno-vzryvnye of work in wells in case of exploration and production of hydrocarbons" according to appendix 11 to this joint order;

12) checking leaf in the field of control on compliance to qualification requirements concerning the licensees who obtained the license for works and services in the field of hydrocarbons on activities subspecies "Increase in oil recovery of oil layers and performance improvement of wells in case of exploration and production of hydrocarbons" according to appendix 12 to this joint order;

13) checking leaf in the field of control on compliance to qualification requirements concerning the licensees who obtained the license for works and services in the field of hydrocarbons on activities subspecies "Operation of petrochemical productions" according to appendix 13 to this joint order;

14) checking leaf in the field of control on compliance to qualification requirements concerning the licensees who obtained the license for works and services in the field of hydrocarbons on activities subspecies "Operation of bulk distribution lines" according to appendix 14 to this joint order.

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

3) 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) and 2) of this Item.

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

4. This joint order becomes effective since January 1, 2023 and is subject to official publication.

Acting Minister of national economy of the Republic of Kazakhstan

 

__________ T. Zhaksylykov

Acting minister

__________ M. Zhurebekov

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 deputy. The Minister of Energy of the Republic of Kazakhstan and the Acting Minister of national economy of the Republic of Kazakhstan of November 29, 2022 No. 387, on November 30, 2022 No. 96

Criteria for evaluation of risk degree in the field of control on compliance to qualification requirements in the field of hydrocarbons

Chapter 1. General provisions

1. These Criteria for evaluation of risk degree in the field of control on compliance to qualification requirements in the field of hydrocarbons (further – Criteria) are developed according to Item 5 of article 141 of the Entrepreneurial code of the Republic of Kazakhstan (further – the Code), the Law of the Republic of Kazakhstan "About permissions and notifications" (further – the Law), Rules of forming by the regulatory state agencies of system of assessment and risk management approved by the order of the acting minister of national economy of the Republic of Kazakhstan of June 22, 2022 No. 48 (it is registered in the Register of state registration of regulatory legal acts for No. 28577), Qualification requirements and the list of the documents confirming compliance to them for implementation of activities in the field of hydrocarbons, approved by the order of the Minister of Energy of the Republic of Kazakhstan of October 28, 2014 No. 77 (it is registered in the Register of state registration of regulatory legal acts for No. 9998) for the purpose of reference of subjects (objects) of control in the field of control on compliance to qualification requirements in the field of hydrocarbons on risk degrees.

2. In Criteria the following concepts are used:

1) the subject of control – the licensees owning the license for works and services in the field of hydrocarbons;

2) qualification requirements – set of the quantitative and high-quality standard rates and indicators characterizing capability of the applicant and licensee to be engaged in the separate licensed type of activity and (or) subspecies of the licensed type of activity, shown as when licensing and (or) appendices to the license, and throughout the entire period of time of its reality;

3) considerable violations – the violations connected with discrepancy of qualification structure, lack of adopted agendas and plans, availability of data from state bodies and the organizations on not renewal of the license and (or) appendices in case of reorganization of legal person licensee with absence of the responsible persons providing proper operation and maintenance of installations, machines, mechanisms, devices, the equipment, labor safety and industrial safety, environmental protection, metrological control;

4) insignificant violations – the violations connected with absence of the responsible persons providing proper operation and maintenance of installations, machines, mechanisms, devices, the equipment, labor safety and industrial safety; environmental protection, metrological control, observance of engineering procedure and production of the set quality, observance of engineering procedure of operation of bulk distribution lines;

5) the licensee – physical person or legal entity, and also branch of the foreign legal entity which object of activity is rendering financial services, having the license;

6) the license – the permission of the first category issued by the licensor to physical person or legal entity, and also branch of the foreign legal entity which object of activity is rendering financial services, on implementation of the licensed type of activity or subspecies of the licensed type of activity connected with the high level of danger;

7) the licensed type of activity – type of activity (certain action (transaction, insurance classes), for occupation by which receipt of the license according to the Law is required;

8) subspecies of the licensed type of activity – specification of the corresponding licensed type of activity within one license;

9) gross violations – the violations connected with absence on the property right or other legal cause of production schedules, production base, necessary devices and the equipment, warehouses, laboratories, availability of two and more confirmed claims and addresses, availability of data from state bodies and the organizations on discrepancy of the licensee to qualification requirements;

10) risk – 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;

11) 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 in certain field of activity and which are not depending directly on separate subject (object) of control;

12) criteria for evaluation of risk degree – set of the quantitative and qualitative indexes connected with the direct activities of the subject of control, features of industry development and factors influencing this development, allowing to carry subjects (objects) of control to different risk degrees;

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