JOINT ORDER OF THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN AND MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of July 21, 2015 No. 4-1/676, 10 of August, 2015 No. 602

About approval of criteria for evaluation of risk degree and form of checking leaf in the sphere of the state control in the field of biofuel production

According to the subitem 2) Item 1 of Article 11, Item 2 of Article 13 and 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", PRIKAZYVAYEM:

1. Approve:

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

2) form of checking leaf in the sphere of the state control in the field of biofuel production, according to appendix 2 to this joint order.

2. Recognize invalid:

1) the joint order of the Minister of Agriculture of the Republic of Kazakhstan of October 21, 2013 No. 5-3/512 and the First deputy Premier-Ministra of the Republic of Kazakhstan - the Minister of Regional Development of the Republic of Kazakhstan of October 31, 2013 No. 288/ODES "About Approval of Criteria for Evaluation of Degree of Risks in the Sphere of Private Entrepreneurship in the field of Biofuel Production" (registered in the Register of state registration of regulatory legal acts No. 8941, No. 82 published on April 29, 2014 in the Kazakhstanskaya Pravda newspaper (27703);

2) the joint order of the Minister of Agriculture of the Republic of Kazakhstan of October 21, 2013 No. 5-3/513 and the First Deputy Prime Minister of the Republic of Kazakhstan - the Minister of Regional Development of the Republic of Kazakhstan of October 31, 2013 No. 285/ODES "About Approval of Form of Checking Leaf in the Sphere of Private Entrepreneurship in the field of Biofuel Production" (registered in the Register of state registration of regulatory legal acts No. 8940, No. 82 published on April 29, 2014 in the Kazakhstanskaya Pravda newspaper (27703).

3. To provide to department of production and conversion of crop products and phytosanitary safety of the Ministry of Agriculture of the Republic of Kazakhstan in the procedure established by the legislation:

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

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

3) placement of the joint order on Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan and the intranet portal of state bodies.

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

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

Appendix 1

to the joint Order of the Minister of Agriculture of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of July 21, 2015 No. 4-1/676, 10 of August, 2015 No. 602

Criteria for evaluation of risk degree in the field of biofuel production

1. These criteria for evaluation of degree of risks in the field of biofuel production (further - Criteria) are developed according to the subitem 2) of Item 1 of Article 11, of Item 2 of Article 13 and 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" for the purpose of reference of subjects of control in the field of biofuel production to risk degrees.

2. In these Criteria the following concepts are used:

1) subjects of control - the legal entities performing biofuel production;

2) risk in the field of biofuel production - probability of emergence of threat of food security in the territory of the republic in connection with use of food raw materials on biofuel;

3) objective criteria - the criteria for evaluation of risk degree used for selection of subjects of control in the field of biofuel production and which are not depending directly on the separate checked subject (object);

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

3. Selective, unscheduled inspections and other forms of control are applied to the subjects of control carried to high risk.

Unscheduled inspections and other forms of control are applied to the checked subjects (objects) which are not carried to high risk.

4. Distribution of subjects of control on risk degrees is performed based on objective and subjective criteria.

2. Objective criteria

5. Assessment of risk degree of subjects of control by objective criteria is performed based on probability of emergence of threat of food security in the territory of the republic in connection with use of food raw materials on biofuel, causing damage to legitimate interests of physical persons and legal entities, to valuable interests of the state as a result of activities of the subject of control taking into account severity of its consequences.

Taking into account high public risks, by objective criteria the legal entities performing biofuel production treat high risk.

3. Subjective criteria

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

1) forming of the database and information collection;

2) information analysis and risks assessment.

For information analysis on subjects of control the following sources of information are used:

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