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 June 24, 2015 No. 431, on June 30, 2015 No. 474

About approval of criteria for evaluation of risk degree and form of checking leaf in the field of environmental protection, reproduction and use of natural resources

According to the subitem 2) of Item 1 of Article 11, Item 3 of Article 13, Item 1 of article 15 of the Law of the Republic of Kazakhstan of January 6, 2011 "About the state control and supervision in the Republic of Kazakhstan" we ORDER:

1. Approve enclosed:

1) criteria for evaluation of risk degree in the field of environmental protection, reproduction and use of natural resources according to appendix 1 to this joint order;

2) form of checking leaf in the field of environmental protection, reproduction and use of natural resources according to appendix 2 to this joint order.

2. Recognize invalid some joint orders according to appendix 3 to this joint order.

3. To provide to committee of ecological regulation, control and state inspection in oil and gas complex of the Department of Energy of the Republic of Kazakhstan:

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

2) the direction on official publication of the copy of this joint order within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan in periodic printing editions and in information system of law of Ad_let;

3) the direction of the copy of this joint order within ten calendar days from the date of its obtaining 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;

4) placement of this joint order on official Internet resource of the Department of Energy of the Republic of Kazakhstan and on the intranet portal of state bodies;

5) 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 2), 3) and 4) 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.

Acting Minister of national economy of the Republic of Kazakhstan

M. Kusainov

Minister of Energy of the Republic of Kazakhstan

B. School student

It is approved Chairman of Committee on legal statistics and special accounting Prosecutor General's Office of the Republic of Kazakhstan June 30, 2015

S. Aytpayeva

Appendix 1

to the Joint Order of the Acting Minister of national economy of the Republic of Kazakhstan and the Minister of Energy of the Republic of Kazakhstan of June 30, 2015 No. 474, on June 24, 2015 No. 431

Criteria for evaluation of risk degree in the field of environmental protection, reproduction and use of natural resources

1. General provisions

1. These criteria for evaluation of risk degree in the field of environmental protection, reproduction and use of natural resources (further - criteria) systems of the risks assessment approved by the order of the Acting Minister of national economy of the Republic of Kazakhstan of April 17, 2015 No. 343 (registered in the Register of state registration of regulatory legal acts for No. 11082) for reference of subjects (objects) of check in the field of environmental protection, reproduction and use of natural resources to degrees of risks are developed according to the Law of the Republic of Kazakhstan "About the state control and supervision in the Republic of Kazakhstan" and the Technique of forming by state bodies (except for National Bank of the Republic of Kazakhstan).

2. In criteria the following concepts are used:

1) risk in the field of environmental protection, reproduction and use of natural resources - 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) objective criteria for evaluation of risk degree (further - objective criteria) - the criteria for evaluation of risk degree used for selection of the checked subjects (objects) depending on risk degree in certain field of activity and which are not depending directly on the separate checked subject (object);

3) subjective criteria for evaluation of risk degree (further - subjective criteria) - the criteria for evaluation of risk degree used for selection of the checked subjects (objects) depending on results of activities of the specific checked subject (object);

4) system of risks assessment - the complex of actions held by control facility and supervision for the purpose of purpose of checks.

3. Frequency rate of carrying out selective check cannot be more often than once a year.

4. Selective checks are carried out based on lists of the selective checks created for half-year by results of the carried-out analysis and assessment which go to authorized body on legal statistics and special accounting not later than 15 calendar days prior to the beginning of the corresponding accounting period in time.

5. Lists of selective checks are constituted taking into account:

1) priority of the checked subjects (objects) with the greatest exponent of risk by subjective criteria;

2) loads of the officials of state body performing checks.

2. Methods for carrying out selective checks

6. Criteria for evaluation of risk degree for selective checks in the field of environmental protection, reproduction and use of natural resources are created by means of objective and subjective criteria.

Paragraph 1. Objective criteria

7. Primary reference of users of nature to the checked subjects (objects) on degrees of risks is performed on the basis of objective criteria for evaluation of risk degree. After risk identification, the checked subjects (objects) are distributed on two risk degrees (high and not carried to high).

Treat objective criteria of high degree of risk assessment:

1) subjects (objects) 1, 2 categories of economic activity according to article 40 of the Ecological code of the Republic of Kazakhstan;

2) subjects (objects) 3, 4 categories of economic activity according to article 40 of the Ecological code of the Republic of Kazakhstan, on nature and degree of environmental impact:

chemical productions;

metallurgical, machine-building objects;

objects for exploration and production of minerals;

construction industry (cement production, and also local cements, production of asbestos and products from it, production of magnesite, dolomite and chamotte with roasting in the mine, rotating and other furnaces, production of asphalt concrete, concrete goods at the stationary plants, and also acceptance, storage and realization of construction materials), activities in the construction sphere with amount of emissions over 50 tons per year;

microbiological industry;

production of electrical and heat energy in case of combustion of fuel (the coal using in fuel quality, fuel oil, natural gas);

the subjects of quoting of greenhouse gases included in the National plan of distribution of quotas for emissions of greenhouse gases;

the subjects performing activities within borders of conservation zones of especially protected natural territories on lands of improving and recreational appointment;

the subjects performing acceptance, utilization, conversion, placement of production wastes and consumption;

subjects of municipal services (including, objects of heat supply, water supply, water disposal, to collection, storage and conversion of utility waste), and also the subjects of strategic importance influencing the environment (hydroelectric power stations, stores, water storage basins and others);

the subjects performing acceptance, storage and realization of oil products;

the subjects performing release of vehicles and activities in the field of transportation (cargo, automobile, railway, air, water) vehicles.

Subjects (objects) which did not enter subitems 1) 2) of this Item after carrying out the analysis according to objective criteria are subject to reference to the subjects which are not carried to high risk according to objective criteria.

Concerning the checked subjects (objects) carried to high risk selective checks are carried out.

Paragraph 2. Subjective criteria

8. Determination of subjective criteria is performed using the following stages:

1) information collection and forming of the database;

2) information analysis and risks assessment.

9. Information collection is carried out for identification of the checked subjects (objects) violating the law for the purpose of forming of the database and will be performed from the following sources of information:

1) results of monitoring of the obligatory reporting, provided by the checked subject (object);

2) results of the previous checks. At the same time severity of violations (rough, considerable, insignificant) is established in case of non-compliance with the requirements of the legislation reflected in checking sheets;

3) availability and the number of the confirmed claims and addresses from physical persons and legal entities;

4) results of the booked statutory environmental audit.

10. Based on the available sources subjective criteria for evaluation of risk degree are subdivided into three degrees of indicator: rough, considerable, insignificant.

In case of assessment of risk degree the specific weight of the confirmed criteria is determined by each degree of indicator.

One confirmed criterion of rough indicator is equated to indicator 100 and is the basis for conducting check in selective procedure.

If on rough indicator confirmation of criteria is not revealed, then for determination of risk degree total value is calculated by considerable and insignificant indicators.

In case of measure definition of violations of considerable degree the coefficient of 0,7 is applied and this indicator is calculated by the following formula:

On risk exponents the checked subject (object) belongs:

1) to high risk - in case of exponent of risk from 60 to 100 and concerning it selective check is carried out;

2) not carried to high risk - in case of exponent of risk from 0 to 60 and concerning it selective check is not carried out.

11. In the analysis and assessment data of the subjective criteria which are earlier considered and used concerning the specific calibrated subject (object) are not applied.

The analysis of the received data and assessment on indicators is performed once a half-year to the first day of the last month of half-year. The analyzed period is last half-year.

Appendix

to Criteria for evaluation of risk degree in the field of environmental protection, reproduction and use of natural resources

Subjective criteria for evaluation of risk degree

Information source	Criteria	Extent of violations
results of monitoring of the obligatory reporting	Not submission of the established reporting to authorized body in the field of environmental protection	Rough
	Representation to authorized body in the field of environmental protection of the doubtful reporting	Considerable
	Submission to authorized body in the field of environmental protection of the report with violation of fixed terms	Insignificant
results of the previous checks (severity is established in case of non-compliance with the following requirements)	Accounting in the field of environmental protection
	The owner of waste shall keep their account (type, quantity and origin), and also to collect and store information on properties of waste dangerous to the environment and (or) health of the person. Maintaining in magazines of the strict reporting of accounting of the waste containing resistant organic pollutants. Owners of waste shall store documentation on accounting of waste within five years	Considerable

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