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 December 27, 2024 No. 493, on December 30, 2024 No. 120

About introduction of amendments to the joint order of the acting minister of power industry of the Republic of Kazakhstan of November 29, 2022 No. 387 and the acting minister of national economy of the Republic of Kazakhstan of 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"

WE ORDER:

1. Bring in the joint order of the acting minister of power industry of the Republic of Kazakhstan of November 29, 2022 No. 387 and the acting minister of national economy of the Republic of Kazakhstan of 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" (it is registered in the Register of state registration of regulatory legal acts at No. 30854) the following changes:

be reworded as follows heading:

"About approval of criteria for evaluation of risk degree and checking sheets in the field of hydrocarbons";

1) of Item 1 to be reworded as follows the subitem:

"1) criteria for evaluation of risk degree in the field of hydrocarbons, according to appendix 1 to this joint order;";

in Criteria for evaluation of risk degree in the field of control on compliance to qualification requirements in the field of the hydrocarbons approved by the specified joint order:

be reworded as follows heading:

"Criteria for evaluation of risk degree in the field of hydrocarbons";

be reworded as follows Item 1:

"1. These Criteria for evaluation of risk degree 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.";

to be reworded as follows part one of Item 3:

"3. For risk management objectives when implementing check on compliance to qualification requirements subjects (objects) of control belong to one of the following risk degrees (further – risk degrees):

1) high risk;

2) average risk;

3) low risk.";

to be reworded as follows part one of Item 10:

"10. Forming of the database and information collection are necessary for identification of subjects (objects) in the field of control on compliance to qualification requirements in the field of hydrocarbons.";

to be reworded as follows paragraph two of Item 10:

"For assessment of risk degree results of the previous checks on compliance to qualification requirements in the field of hydrocarbons are used";

be reworded as follows Item 11:

"11. Measure calculation of risk degree by subjective criteria (R) is perfromed in the automated mode by summing of exponent of risk on violations by results of the previous checks (SP) and exponent of risk by subjective criteria (SC), with the subsequent normalization of values from 0 to 100 points this in the range.

Rprom = SP + SC, where

Rprom – intermediate exponent of risk by subjective criteria,

SP – risk exponent on violations,

SC – risk exponent by subjective criteria.

Calculation is made on each subject (object) of control of homogeneous group of subjects (objects) of control of each sphere of the state control. At the same time the list of the estimated subjects (objects) of control of the subjects (objects) of control of one sphere of the state control carried to homogeneous group, forms sample (selection) for the subsequent normalization of data.

According to the data obtained by results of the previous checks the risk exponent on violations estimated in points from 0 to 100 is created.

In case of identification of one gross violation on any of the sources of information specified in Item of 10 presents criteria, the subject of control the exponent of risk of 100 points is equated and concerning it it is performed on compliance to qualification requirements.

In case of not identification of gross violations the risk exponent on violations is calculated total indicator on violations of considerable and insignificant degree.

In case of measure definition of considerable violations 0,7 coefficient is applied.

This indicator is calculated by the following formula:

SRZ = (SP2 x 100/SP1) x 0,7, where:

SRZ – indicator of considerable violations;

SP1 – the required number of considerable violations;

SP2 – the number of the revealed considerable violations;

In case of measure definition of insignificant violations 0,3 coefficient is applied.

This indicator is calculated by the following formula:

SRN = (SP2 x 100/SP1) x 0,3, where:

SRN – indicator of insignificant violations;

SP1 – the required number of insignificant violations;

SP2 – the number of the revealed insignificant violations;

The risk exponent on violations (SP) is calculated on scale from 0 to 100 points and is determined by summing of indicators of considerable and insignificant violations by the following formula:

SP = SRZ + SRN, where:

SP – risk exponent on violations;

SRZ – indicator of considerable violations;

SRN – indicator of insignificant violations.

The received value of general indicator is the basis of reference of the subject of entrepreneurship to one of the following risk degrees:

1) to high risk – in case of exponent of risk from 71 to 100 inclusive and concerning it it is performed on compliance to qualification requirements;

2) to average risk degree - in case of exponent of risk from 31 to 70 inclusive and concerning it it is performed on compliance to qualification requirements, but is not more often than once in two years;

3) to low risk degree – in case of exponent of risk from 0 to 30 inclusive and concerning it it is not performed on compliance to qualification requirements.

Proceeding from priority of the applied sources of information and the importance of indicators of subjective criteria, according to risk exponent procedure of payments by subjective criteria, the risk exponent by subjective criteria on scale from 0 to 100 points is calculated.

Measure calculation of risk degree by subjective criteria is made on scale from 0 to 100 points and performed on the following formula:

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