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The document ceased to be valid since July 1, 2020 according to Item 2 of the Order of the Minister of ecology, geology and natural resources of the Republic of Kazakhstan of June 2, 2020 No. 130

ORDER OF THE MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of April 23, 2015 No. 301

About approval of standards of the state services in the field of environmental protection

(as amended on 27-12-2018)

According to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" I ORDER:

1. Approve:

1) the standard of the state service "Licensing for Performance of Works and Rendering Services in the field of Environmental Protection" according to appendix 1 to this order;

2) the standard of the state service "Licensing for Import to the Territory of the Republic of Kazakhstan from the Countries Which Are Not Entering into the Customs Union, and Export from the Territory of the Republic of Kazakhstan to These Countries of Ozone-depleting Substances and Products Containing Them" according to appendix 2 to this order;

3) the standard of the state service "Issue of the Permission to Works with Use of Ozone-depleting Substances, Repair, Installation, Equipment Maintenance Containing Ozone-depleting Substances" according to appendix 3 to this order";

4) the standard of the state service "Issue of Ecological Permissions for Category Objects I" according to appendix 4 to this order;

5) the standard of the state service "Issue of the Conclusions of the State Environmental Assessment for Category Objects I" according to appendix 5 to this order;

6) the standard of the state service "Issue of Permissions to Issues to the Environment for Objects II, III and IV of Categories" according to appendix 6 to this order;

7) the standard of the state service "Issue of the Conclusions of the State Environmental Assessment for Objects II, III and IV of Categories" according to appendix 7 to this order;

8) the standard of the state service "Issue of Complex Ecological Permission" according to appendix 8 to this order;

9) the standard of the state service "Licensing for Export and Import of Dangerous Wastes" according to appendix 9 to this order;

10) the standard of the state service "Provision of Ecological Information" according to appendix 10 to this order.

2. 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 in the procedure for the Republic of Kazakhstan established by the legislation:

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

2) the direction on official publication of the copy of this 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) placement of this order on official Internet resource of the Department of Energy of the Republic of Kazakhstan and on the intranet portal of state bodies;

4) within ten working days after state registration of this 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) and 3) of this Item.

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

4. This resolution becomes effective after twenty one calendar days after its first official publication.

Minister of Energy of the Republic of Kazakhstan

B. School student

It is approved

Minister of investments and development of the Republic of Kazakhstan

"__" ________ 2015

 

___________ A. Isekeshev

It is approved

Minister of national economy of the Republic of Kazakhstan

"__" ________ 2015

 

___________ E.Dosayev

Appendix 1

to the Order of the Minister of Energy of the Republic of Kazakhstan of April 23, 2015 No. 301

Standard of the state service "Licensing for Performance of Works and Rendering Services in the field of Environmental Protection"

Chapter 1. General provisions

1. The state service "Licensing for Performance of Works and Rendering Services in the field of Environmental Protection" (further – the state service).

2. The standard of the state service is developed by the Department of Energy of the Republic of Kazakhstan (further – the Ministry).

3. The state service appears Committee of ecological regulation and control of the Ministry (further - the service provider).

Documents acceptance and issue of results of rendering the state service is performed through the web portal of "the electronic government" www.egov.kz (further – the portal).

Chapter 2. Procedure for rendering the state service

4. Term of rendering the state service:

from the moment of the address on the portal:

licensing and (or) appendices to the license – no later than 10 (ten) working days;

renewal of the license and (or) appendix to the license - within 3 (three) working days.

The service provider within 2 (two) working days from the moment of receipt of documents of uslugopoluchatel checks for completeness of the submitted documents.

In case of establishment of incompleteness of the submitted documents and (or) documents with the expired effective period the service provider in the specified terms gives written motivated refusal in further review of the statement.

5. Form of rendering the state service: electronic.

6. Result of rendering the state service - the license and (or) appendix to the license, renewal of the license and (or) appendix to the license for performance of works and rendering services in the field of environmental protection or the motivated answer about refusal in rendering the state service in cases and on the bases, stipulated in Item 10 these standards of the state service.

Form of provision of result of rendering the state service electronic.

On the portal the result of rendering the state service goes and kept in "personal account" of the uslugopoluchatel in electronic form signed by the digital signature (further – the EDS) the authorized person of the service provider.

7. The state service is rendered on paid basis to physical persons and legal entities (further - uslugopoluchatel).

The license fee for licensing, renewal of the license for performance of works and rendering services in the field of environmental protection is performed according to article 554 of the Code of the Republic of Kazakhstan of December 25, 2017 "About taxes and other obligatory payments in the budget" (Tax code) and constitutes:

for licensing - 50 monthly settlement indicators (further - MRP);

for renewal of the license constitutes 10% of rate when licensing.

The license fee for issue and renewal of appendix to the license is not levied.

Payment of the license fee is performed in cash and non-cash forms through the banks of the second level and the organization performing separate types of banking activities.

Payment is made in cash and non-cash forms through the banks of the second level and the organization performing separate types of banking activities and also through the portal payment can be performed through payment gateway of "the electronic government" (further - PShEP).

8. Working schedule:

the portal – round the clock, except for the technical breaks connected with carrying out repair work (in case of the address of uslugopoluchatel after the termination of working hours, in days off and holidays according to the labor law of the Republic of Kazakhstan, reception of an application and issue of results of rendering the state service is performed the next working afternoon).

9. List of the documents necessary for rendering the state service in case of the address of uslugopoluchatel:

on the portal:

for receipt of the license and (or) appendix to the license:

the statement of physical person for receipt of the license and (or) appendix to the license in form, the electronic document certified by the EDS of uslugopoluchatel in form, according to appendix 1 to this standard of the state service;

the statement of the legal entity for receipt of the license and (or) appendix to the license in form, the electronic document certified by the EDS of uslugopoluchatel in form, according to appendix 2 to this standard of the state service;

the electronic copy of the receipt on payment in the budget of the license fee on the occupation right separate types of activity, except for payments through PShEP;

electronic form of data on compliance to qualification requirements for implementation of activities for performance of works and rendering services in the field of environmental protection in form, according to appendix 3 to this standard of the state service;

for renewal of the license and (or) appendix to the license:

the statement of physical person for renewal of the license and (or) appendix to the license in form, the electronic document certified by the EDS of uslugopoluchatel in form, according to appendix 4 to this standard of the state service;

the statement of the legal entity for renewal of the license and (or) appendix to the license in form, the electronic document certified by the EDS of uslugopoluchatel in form, according to appendix 5 to this standard of the state service;

the electronic copy of the receipt on payment in the budget of the license fee on the occupation right separate types of activity, except for payments through PShEP.

About state registration (re-registration) of the legal entity, about state registration of the individual entrepreneur, about the license, the service provider receives data of identity documents from information systems through lock of "the electronic government".

Uslugopoluchatel agrees to use of the data which are the secret protected by the law, the state services containing in information systems when rendering if other is not provided by the laws of the Republic of Kazakhstan.

In case of delivery by uslugopoluchatel of all necessary documents:

the status about acceptance of request for rendering the state service goes to the portal - to "personal account".

10. The bases for refusal in rendering the state service:

1) occupation type of activity is forbidden by the laws of the Republic of Kazakhstan for this category of subjects;

2) the uslugopoluchatel of the state service does not conform to qualification requirements;

3) the license fee for the occupation right by separate types of activity, in case of filing of application on licensing by sight of activities is not brought;

4) availability of the court verdict which took legal effect concerning the uslugopoluchatel of the state service prohibiting to it to be engaged in the declared type of activity;

5) court based on representation of the legal executive the uslugopoluchatel is forbidden to obtain licenses.

Chapter 3. Procedure for appeal of decisions, actions (bezdeystviye) of the central state bodies, and also the service provider and (or) his officials concerning rendering the state services.

11. For appeal of decisions, actions (bezdeystviye) of the Ministry, the service provider and (or) his officials concerning rendering the state services the claim is submitted addressed to the head of the service provider to the address specified in Item 13 of this standard of the state service.

The claim is submitted in writing by mail, by means of the portal or purposely through office of the service provider or the Ministry in the working days.

In the claim:

1) physical person - its surname, name, middle name (are entered in case of its availability) the postal address, contact telephone number;

2) the legal entity - its name, the postal address, reference number and date. The appeal shall be signed by uslugopoluchatel.

Confirmation of adoption of the claim is its registration (stamp, the entering number and date) in office of the service provider with indication of surname and initials of person which accepted the claim, term and the place of receipt of the answer to the made complaint.

The claim of uslugopoluchatel which arrived to the service provider or the Ministry is subject to consideration within five working days from the date of its registration. The motivated answer about results of consideration of the claim goes to uslugopoluchatel by means of mail service, or is issued purposely in office of the service provider or the Ministry.

In case of the address through the portal information on procedure for appeal can be obtained by phone Single contact center 1414, 8 800 080 7777.

When sending the claim through the portal information on the address which is updated during processing of the address by the service provider is available to uslugopoluchatel from "personal account" (mark about delivery, registration, execution, the answer about consideration or refusal in consideration).

In case of disagreement with results of the rendered state service, the uslugopoluchatel can address with the claim to authorized body by assessment and control of quality of rendering the state services.

The claim of uslugopoluchatel which arrived to authorized body by assessment and control of quality of rendering the state services is subject to consideration within fifteen working days from the date of its registration.

12. In disagreement cases with results of the rendered state service, the uslugopoluchatel takes a legal action in the procedure established by the legislation of the Republic of Kazakhstan.

Chapter 4. Other requirements taking into account features of rendering the state service including rendered electronically

13. Addresses of places of rendering the state service are placed on:

1) Internet resource of the Ministry – www.energo.gov.kz, the Section "State Services";

2) Internet resource of the service provider – www.cerc.energo.gov.kz, the Section "State Services";

3) portal.

14. Uslugopoluchatel has possibility of receipt of the state service electronically through the portal on condition of EDS availability.

15. Uslugopoluchatel has possibility of receipt of information on procedure and the status of rendering the state service in the mode of remote access by means of portal "personal account", and also single contact center concerning rendering the state services.

16. Contact telephone numbers of service desks concerning rendering the state service: 8 (7172) 58 00 58, 119 and Single contact center: 1414, 8 800 080 7777.

Appendix 1

to the Standard of the state service "Licensing for Performance of Works and Rendering Services in the field of Environmental Protection"

Form

The statement of physical person for receipt of the license and (or) appendix to the license

IN ________________________________________________________________________

                       (full name of the licensor)

from _____________________________________________________________________________

(surname name middle name (in case of availability) physical person, individual identification number)

I ask to grant the license and (or) appendix to the license for implementation

________________________________________________________________________________

(specify full name of type of activity and (or) subspecies of activities) on paper _____

(deliver sign X if it is necessary to obtain the license on paper)

Residential address of _____________________________________ physical person

 (postal index, area, city, area, settlement, name of the street, number of the house/building)

E-mail _______________________________________________________________

_______________________________________________________________________ phones

___________________________________________________________________________ fax

Bank account _________________________________________________________________

                       (account number, name and location of bank)

Address of object of implementation of activities or actions (transactions)

________________________________________________________________________________

(postal index, area, city, area, settlement, name of the street, number of the house/building (stationary room)

It is applied _____ sheets.

Proves to be true present that:

all specified data are official contacts and on them, any information on questions of issue or refusal in licensing and (or) appendices to the license can be directed;

the applicant is not forbidden to be engaged in court in the licensed type and (or) subspecies of activities;

all enclosed documents are true and are valid;

the applicant agrees to use of the personal data of limited access which are the secret protected by the law, containing in information systems when licensing and (or) appendices to the license.

___________ _____________________________________________________ physical person

                             (signature)            (surname, name, middle name (in case of availability)

 

Locus sigilli                                     Date of filling: "___" _____ 20 __ years

(in case of availability)

Appendix 2

to the Standard of the state service "Licensing for Performance of Works and Rendering Services in the field of Environmental Protection"

Form

The statement of the legal entity for receipt of the license and (or) appendix to the license

IN ________________________________________________________________________

             (full name of the licensor)

from _____________________________________________________________________________

(full name, location, business and identification number of the legal entity

(including foreign legal entity), business and identification number of branch or

representations of the foreign legal entity – in case of lack of business and identification number at the legal entity)

I ask to grant the license and (or) appendix to the license for implementation

________________________________________________________________________________

________________________________________________________________________________

(specify full name of type of activity and (or activities subspecies)

Address of the legal entity ___________________________________________________

 (the postal index, the country (for the foreign legal entity, the area, the city, the area,

 settlement, name of the street, number of the house/building (stationary room)

E-mail _______________________________________________________________

_______________________________________________________________________ phones

___________________________________________________________________________ fax

Bank account _________________________________________________________________

                                     (account number, name and location of bank)

Address of object of implementation of activities or actions (transactions)

________________________________________________________________________________

         (postal index, area, city, area, settlement,

   name of the street, number of the house/building (stationary room)

It is applied ______ sheets.

Proves to be true present that:

all specified data are official contacts and on them, any information on questions of issue or refusal in licensing and (or) appendices to the license can be directed; the applicant is not forbidden to be engaged in court in the licensed type and (or) subspecies of activities;

all enclosed documents are true and are valid;

the applicant agrees to use of the personal data of limited access which are the secret protected by the law, containing in information systems when licensing and (or) appendices to the license.

Head of ___________ __________________________________________________

                        (signature)       (surname, name, middle name (in case of availability)

Locus sigilli                             Date of filling: "__" ______ 20 __ year

(in case of availability)

Appendix 3

to the Standard of the state service "Licensing for Performance of Works and Rendering Services in the field of Environmental Protection"

Form

Data on compliance to qualification requirements for implementation of activities for performance of works and rendering services in the field of environmental protection

1. To activities for nature protection designing, regulation and (or) environmental audit for the I category of economic and other activity for physical persons:

1) the Corresponding higher education on profile:

name of specialty and qualification ________________________________;

number and date of issue of the diploma ______________________________________________;

place of issue of the diploma ____________________________________________________;

the name of the educational institution which issued the diploma _________________________;

number and date of the certificate of recognition and nostrification of the education documents issued by the foreign organizations of education ________________________________________________________.

2) Practical experience of work in the field of environmental protection at least three years, including in the field of nature protection designing, regulation at least one year for activities for environmental audit:

length of service in the field of environmental protection __________________________;

length of service in the field of nature protection designing, regulation: ____________________________________________________________________________;

place of employment __________________________________________________________;

post __________________________________________________;

number and date of the order on acceptance for work and (or) number and date of the individual employment contract _____________________________.

3) Accredited specialized laboratory or the agreement on accomplishment of analytical works (services) by the organizations having accredited laboratories:

availability of own laboratory ________________________________________;

number and date of the certificate of accreditation ______________________________________;

area of accreditation ___________________________________________________;

the body which issued the certificate of accreditation ___________________________________;

place of issue of the certificate of accreditation _____________________________________;

effective period of the certificate of accreditation _____________________________________.

In case of absence of own laboratory:

the agreement on accomplishment of analytical works (services) by the organizations having accredited laboratories: ______________________________;

the name of the organization having _________________________ laboratory;

number and date of the conclusion of the agreement ________________________________________;

number and date of the certificate of accreditation ______________________________________;

area of accreditation ___________________________________________________;

the body which issued the certificate of accreditation ___________________________________;

place of issue of the certificate of accreditation _____________________________________;

effective period of the certificate of accreditation _____________________________________.

4) the Program complex by calculation of standard rates of issues to the environment:

name of the program ___________________________________ complex;

producer of the program ___________________________________ complex.

2. For activities for nature protection designing, regulation and (or) environmental audit for the I category of economic and other activity for legal entities:

1) the Higher education (for the head):

name of specialty and qualification ______________________________;

number and date of issue of the diploma ____________________________________________;

place of issue of the diploma __________________________________________________;

the name of the educational institution which issued the diploma _______________________;

number and date of the certificate of recognition and nostrification of the education documents issued by the foreign organizations of education __________________;

number and date of the order on acceptance for work as the head and (or) number and date of the individual employment contract _______________________________________.

2) At least two specialists who are working in staff of this legal entity, having the corresponding higher education on profile with practical experience of work in the field of environmental protection at least three years:

surname, name, specialist's middle name ______________________________________;

post: _________________________________________________;

length of service in the field of environmental protection: _________________________;

posts _________________________________________________;

number and date of the order on acceptance for work and (or) number and date of the individual employment contract __________________________________________________________;

name of specialty and qualification ____________________________;

number and date of issue of the diploma __________________________________________;

place of issue of the diploma ________________________________________________;

the name of the educational institution which issued the diploma _____________________;

number and date of the certificate of recognition and nostrification of the education documents issued by the foreign organizations of education _________________.

For environmental audit: at least two ecological auditors working in staff of this legal entity:

surname, name, middle name of the ecological auditor __________________________;

post: ________________________________________________;

number and date of the order on acceptance for work and (or) number and date of the individual employment contract _________________________________;

number and date of issue of the license with indication of activities subspecies (environmental audit) ______________________________________________.

3) Accredited specialized laboratory or the agreement on accomplishment of analytical works (services) by the organizations having the specified laboratories:

availability of own laboratory _______________________________________;

number and date of the certificate of accreditation _____________________________________;

area of accreditation __________________________________________________;

the body which issued the certificate of accreditation __________________________________;

place of issue of the certificate of accreditation ____________________________________;

effective period of the certificate of accreditation ____________________________________.

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