of February 29, 2012 No. 41 and of March 15, 2012 No. 71
About approval of criteria for evaluation of risk degree in the field of private entrepreneurship in the field of gas and gas supply
According to item 4 of article 13 of the Law of the Republic of Kazakhstan of January 6, 2011 "About the state control and supervision in the Republic of Kazakhstan", the subitem 17) article 6 of the Law of the Republic of Kazakhstan of January 9, 2012 "About gas and gas supply" PRIKAZYVAYEM:
1. Approve the enclosed criteria for evaluation of risk degree in the field of private entrepreneurship in the field of gas and gas supply.
2. To committee of the state inspection in oil and gas complex of the Ministry of oil and gas of the Republic of Kazakhstan (Momyshev T. A.) provide:
1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) official publication of this order after its state registration in the Ministry of Justice of the Republic of Kazakhstan;
3) publication of this order on official Internet resource of the Ministry of oil and gas of the Republic of Kazakhstan.
3. To impose control of execution of this order on the supervising vice-Oil Minister and gas of the Republic of Kazakhstan.
4. This order becomes effective after ten calendar days after day of its first official publication.
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Oil Minister and gas of the Republic of Kazakhstan _______________ S. Mynbayev February 29, 2012 |
Minister of Economic Development and Trade of the Republic of Kazakhstan _______________ B. Sagintayev March 15, 2012 |
Approved by the Joint Order of the Oil Minister and gas of the Republic of Kazakhstan and the Minister of Economic Development and Trade of the Republic of Kazakhstan of February 29, 2012 No. 41i of March 15, 2012 No. 71
1. These criteria for evaluation of risk degree in the field of private entrepreneurship in the field of gas and gas supply (further - criteria) are developed according to the laws of the Republic of Kazakhstan of January 6, 2011 "About the state control and supervision in the Republic of Kazakhstan", of January 9, 2012 "About gas and gas supply" for reference of subjects of private entrepreneurship in the field of gas and gas supply to degrees of risks.
2. In criteria the following concepts are used:
1) risk - probability of damnification as a result of activities of the checked subject 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;
2) the checked subject - the producer of the commodity or liquefied gas, the gas-network, gas-distributing, gas transmission organization.
3. Frequency of conducting planned inspections is determined depending on risk degree with frequency not more often:
once a year - in case of high risk;
once in three years - in case of average risk degree;
once in five years - in case of insignificant risk degree.
4. Criteria for evaluation of risk degree are subdivided into 2 types:
1) objective - are based on the importance of risks, possible when implementing activities of the checked subjects;
2) subjective - are determined depending on the allowed checked subjects of violations, the established requirements.
Subjective criteria consist of considerable and insignificant violations.
5. Originally reference of the checked subjects on degrees of risks is performed on the basis of objective criteria for evaluation of risk degree.
6. The checked subjects by objective criteria are subdivided into the following groups of risks:
1) producers treat group of high risk;
2) the gas-distributing and gas-network organizations treat group of average risk degree;
3) the gas transmission organizations treat group of insignificant risk degree.
7. Secondary reference of the checked subjects on degrees of risks is performed taking into account subjective criteria.
8. Treat considerable violations of producers:
1) non-presentation or non-compliance with terms of submission of the commercial offer to the national operator in case of intention to make alienation of sour and (or) commodity gas;
2) non-presentation of the commercial offer to the national operator in case of intention to make alienation of object of single system of supply with commodity gas, shares in the right of common property to object of single system of supply with commodity gas and (or) the block of shares (share) of the legal entity - the owner of object of single system of supply with commodity gas;
3) non-compliance with the established marginal prices of wholesale of the commodity or liquefied oil gas in the domestic market of the Republic of Kazakhstan;
4) failure to carry out of the delivery schedule of the liquefied oil gas on the domestic market of the Republic of Kazakhstan.
9. Treat insignificant violations of producers:
1) non-presentation of data on production and realization of the commodity or liquefied oil gas;
2) lack of survey meters of accounting.
10. Treat considerable violations of the gas-network organization:
1) absence on the property right or other legal cause of the technological base conforming to qualifying standards of industrial safety;
2) not observance of technical process in case of operation of technological base and its maintenance;
3) absence of the services providing observance of qualifying standards of industrial safety;
4) absence of skilled structure (at least 70% of the total number of production personnel), the technical leads, specialists who are answering to the appropriate educational level, having experience of practical work at least two years in trained, instructing, retraining, certification for questions of industrial safety (for heads - the higher education in the oil and gas sphere, for specialists - at least secondary special education);
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The document ceased to be valid since September 13, 2015 according to Item 2 of 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 June 26, 2015 No. 441, on June 30, 2015 No. 483