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

of December 28, 2015 No. 15-05/1135, 29 of December, 2015 No. 821

About approval of criteria for evaluation of risk degree and checking sheets in the field of protection of plants

(as amended on 05-04-2021)

According to Item 2 of Article 141 and Item 1 of article 143 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 PRIKAZYVAYEM:

1. Approve:

1) criteria for evaluation of risk degree in the field of protection of plants according to appendix 1 to this joint order;

2) checking leaf in the field of protection of plants concerning subjects (objects) of control performing activities on objects of agricultural purpose, and also strips of branch and conservation zones automobile, the railroads and other territories which are habitats of harmful and especially dangerous harmful organisms according to appendix 2 to this joint order;

3) checking leaf in the field of protection of plants concerning subjects (objects) of control performing representation, and equally timely submission of the phytosanitary reporting according to the forms of phytosanitary accounting approved by the legislation in the field of protection of plants according to appendix 3 to this joint order;

4) checking leaf in the field of protection of plants concerning subjects (objects) of control performing activities for use of pesticides aerosol and fumigatsionny by methods according to appendix 4 to this joint order;

5) checking leaf in the field of protection of plants concerning subjects (objects) of control performing activities for use of pesticides aviation and land by methods (except for aerosol and fumigatsionny methods) according to appendix 5 to this joint order;

6) checking leaf in the field of protection of plants concerning subjects (objects) of control performing activities for storage of pesticides according to appendix 6 to this joint order;

7) checking leaf in the field of protection of plants concerning subjects (objects) of control performing activities for neutralization of the prohibited and (or) become useless pesticides and container from under them, and also container from under the used pesticides according to appendix 7 to this joint order;

8) checking leaf in the field of protection of plants concerning subjects (objects) of control performing construction, content and maintenance in proper condition of special storages (burial grounds) according to appendix 8 to this joint order;

9) checking leaf in the field of protection of plants concerning subjects (objects) of control performing activities for carrying out registration (melkodelyanochny and production) testing of pesticides according to appendix 9 to this joint order;

10) checking leaf in the field of protection of plants concerning subjects (objects) of control performing sales activity of pesticides, bioagents according to appendix 10 to this joint order.

2. Declare invalid:

1) the joint order of the Minister of Agriculture of the Republic of Kazakhstan of July 2, 2015 No. 15-02/606 and the Minister of national economy of the Republic of Kazakhstan of July 13, 2015 No. 528 "About approval of criteria for evaluation of risk degree in the field of the state control in the field of protection of plants" (No. registered in the Register of the state registration of regulatory legal acts 11895, published of September 25, 2015 in information system of law of Ad_let);

2) the joint order of the Minister of Agriculture of the Republic of Kazakhstan of July 2, 2015 No. 15-02/607 and the Minister of national economy of the Republic of Kazakhstan of July 17, 2015 No. 533 "About approval of form of checking leaf in the field of the state control in the field of protection of plants" (No. registered in the Register of the state registration of regulatory legal acts 11929, published of September 23, 2015 in information system of law of Ad_let).

3. To provide to committee of the state inspection in agro-industrial complex of the Ministry of Agriculture of the Republic of Kazakhstan in the procedure established by the legislation:

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

2) within ten calendar days after the 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) the direction of the copy of this order within ten calendar days from the date of its obtaining in the Republican state company on the right of economic introduction "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan";

4) placement of this joint order on Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan and on 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.

Minister of Agriculture of the Republic of Kazakhstan

_____________ A. Mamytbekov

Minister of national economy of the Republic of Kazakhstan

______________________ E.Dosayev

It is approved

Chairman of Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan

"___" _____________ 20 year

 

 

____________________ S. Aytpayeva

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 December 28, 2015 No. 15-05/1135, 29 of December, 2015 No. 821

Criteria for evaluation of risk degree in the field of protection of plants

Chapter 1. General provisions

1. These Criteria for evaluation of risk degree in the field of protection of plants (further - Criteria) are developed according to Item 3 of article 141 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 and Rules of forming by the state bodies of system of risks assessment and form of checking sheets approved by the order of the acting minister of national economy of the Republic of Kazakhstan of July 31, 2018 No. 3 (it is registered in the Register of the state registration of regulatory legal acts No. 17371), for reference of subjects of control to risk degrees and selection of subjects of control when carrying out preventive control with visit of subject (object) of control.

2. In these Criteria the following concepts are used:

1) insignificant violation - violation of the requirements established by the legislation of the Republic of Kazakhstan in the field of protection of plants, in the form of lack of documentary accounting of works (the strung together and numbered account book, register of pesticides) in case of application, storage, realization and import of pesticides;

2) considerable violation - violation of the requirements established by the legislation of the Republic of Kazakhstan in the field of protection of plants in the form of lack of individual protection equipment and special clothes at personnel in case of work on application and storage of pesticides, neutralization of pesticides and container from under them, and also container from under the used pesticides, absence of the qualified specialist having the corresponding (agronomical) education in case of realization of pesticides, and also availability of claims on which consideration to the subject of control by the state inspector on protection of plants instructions on elimination of the revealed violations of the law of the Republic of Kazakhstan in the field of protection of plants without administrative prosecution are written out;

3) risk - probability of damnification of life or to health of the person, the environment, expressed as development and distribution of harmful and (or) especially dangerous harmful organisms with number is higher than economic threshold of injuriousness, mass poisoning of people and animals, death of crops when carrying out chemical treatments of agricultural crops by pesticide, pollution of the soil, water and plant cover as a result of accidents in case of application, realization and storage of pesticides, reducing number of objects of fauna and deterioration in the circle in their dwelling in case of violation of conditions of neutralization of pesticides;

4) system of risk assessment - the complex of actions held by control facility for the purpose of assignment of preventive control with visit of subject (object) of control in the field of protection of plants;

5) objective criteria for evaluation of risk degree (further - objective criteria) - the criteria for evaluation of risk degree used for selection of subjects (objects) of control depending on risk degree in the field of private entrepreneurship on the state control in the field of protection of plants and which are not depending directly on separate subject (object) of control;

6) subjective criteria for evaluation of risk degree (further - subjective criteria) - the criteria for evaluation of risk degree used for selection of subjects (objects) of control depending on results of activities of subject (object) of control on carrying out phytosanitary monitoring and phytosanitary actions for the purpose of non-admission of development and distribution of harmful and especially dangerous harmful organisms with number is higher than economic threshold of injuriousness for providing favorable phytosanitary situation, on storage, realization of pesticides, use of pesticides aerosol, fumigatsionny, aviation and land by methods, to carrying out registration (melkodelyanochny and production) testing of pesticides, and also to neutralization of pesticides, on representation, and equally timely submission of the phytosanitary reporting, on construction, content and maintenance in proper condition of special storages (burial grounds), on realization of pesticides, bioagents;

7) the checking sheet - the list of requirements including requirements to activities of subjects of control in the field of protection of plants which non-compliance involves threat of life and to health of the person, the environment, legitimate interests of physical persons and legal entities, the states;

8) gross violation - violation of the requirements established by the legislation of the Republic of Kazakhstan in the field of protection of plants, the safety of chemical products attracting the administrative responsibility provided by the Code of the Republic of Kazakhstan of July 5, 2014 "About administrative offenses" in the form of not carrying out phytosanitary monitoring and phytosanitary actions on objects of phytosanitary control, the entailed development and distribution of harmful and (or) especially dangerous harmful organisms with number above economic threshold of injuriousness, non-presentation, and equally untimely submission of the phytosanitary reporting according to the forms of phytosanitary accounting approved by the legislation in the field of protection of plants, not carrying out phytosanitary monitoring and phytosanitary actions on objects of phytosanitary control, the entailed development and distribution of harmful organisms with number above economic threshold of injuriousness not carrying out neutralization of pesticides, absence of special storages (burial grounds) for neutralization of pesticides and container from under them, and also container from under the used pesticides, lack of methods and technologies of neutralization of the become useless pesticides and container from under them, and also container from under the used pesticides developed and provided by suppliers (producers, importers, sellers) of pesticides storages of the pesticides of the first class of danger which became useless to further use to destination in the reservoirs which are not providing hermeticity and not excluding possibility of pollution by pesticides of the environment, packaging of pesticides of second class of danger in need of multilayer container from polymeric materials without special inserts (depending on specifics of pesticide), repackings of pesticides with the broken integrity of packaging, lack of means of mechanization for loading, transportations and unloadings prohibited the become useless pesticides and container from under them, and also container from under the used pesticides, rejection of measures for construction of special storages (burial grounds), lack of the license for implementation of sales activity of pesticides, on use of pesticides aerosol and fumigatsionny by methods, lack of the state registration of the pesticides realized in the Republic of Kazakhstan and included in the list of the pesticides permitted to production (formulyation), import, storage, transportation, realization and application in the territory of the Republic of Kazakhstan, availability of the facts of import, realization and storage of counterfeited pesticides, lack of the certificate on the property right to the real estate or other legal cause used for storage of pesticides, lack of recommendations of the registrant (producer) about use of pesticides, lack of the material safety data sheet of the pesticide provided by the registrant (the producer, the supplier, the importer), leaves of pesticides to consumers not in container of the producer, lack of the relevant information on container of the producer on measures of safe use of pesticides, including data on neutralization of pesticides and container from under them, and also container from under the used pesticides, not integrity of container of implementable pesticides, rejection of measures for repacking of pesticides, in case of violation of integrity of container and return to their supplier.

3. Concerning subjects (objects) of control carried to high risk preventive control with visit of subject (object) of control, and also unscheduled inspections and preventive control without visit of subject (object) of control is carried out.

Concerning subjects (objects) of control, not carried to high risk preventive control without visit of subject (object) of control and unscheduled inspections is carried out.

4. Criteria for carrying out preventive control with visit of subject (object) of control are created by means of objective and subjective criteria.

Chapter 2. Objective criteria

5. The pesticides used in farm-production are potentially dangerous chemicals posing threat to the surrounding environment, life and human health and animals.

According to risk degree assessment by objective criteria of the greatest probability of damnification of life and health of the person, the environment, legitimate interests of physical persons and legal entities, valuable interests of the state as a result of activities of the subject of control taking into account severity of its possible negative effects, subjects of control which activities are connected using realization, storage and neutralization of pesticides, belong to high risk.

6. In the field of protection of plants taking into account the greatest potential public risks the following subjects (objects) of control performing activities for the following directions belong to high risk:

subjects (objects) of control performing activities on objects of agricultural purpose, and also strips of branch and conservation zones automobile, the railroads and other territories which are habitats of harmful and especially dangerous harmful organisms;

subjects (objects) of control performing representation, and equally timely submission of the phytosanitary reporting according to the forms of phytosanitary accounting approved by the order of the Minister of Agriculture of the Republic of Kazakhstan of June 29, 2015 No. 15-02/584 (it is registered in the Register of the state registration of regulatory legal acts No. 11913);

subjects (objects) of control performing activities for use of pesticides aerosol and fumigatsionny by methods;

subjects (objects) of control performing activities for use of pesticides aviation and land by methods (except for aerosol and fumigatsionny methods);

subjects (objects) of control performing activities for storage of pesticides;

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