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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 13-06-2023)

According to Items 5 and 6 of Article 141 and Item 1 of article 143 of the Entrepreneurial code of the Republic of Kazakhstan 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) No. 226 is excluded according to Joint the Order of the Minister of Agriculture of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of 13.06.2023

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) No. 64, 15.02.2023 No. 23 is excluded according to Joint the Order of the Minister of Agriculture of the Republic of Kazakhstan and the Acting Minister of national economy of the Republic of Kazakhstan of 15.02.2023

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;

11) checking leaf in the field of protection of plants concerning subjects (objects) of control performing activities for production (formulyation) of pesticides on compliance to qualification requirements according to appendix 11 to this joint order;

12) checking leaf in the field of protection of plants concerning subjects (objects) of control performing sales activity of pesticides on compliance to qualification requirements according to appendix 12 to this joint order;

13) 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, on compliance to qualification requirements according to appendix 13 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 5 of article 141 of the Entrepreneurial code of the Republic of Kazakhstan (further – the Code), Rules of forming by the regulatory state agencies of system of assessment and risk management approved by the order of the acting minister of national economy of the Republic of Kazakhstan of June 22, 2022 No. 48 (it is registered in the Register of the state registration of regulatory legal acts No. 28577), and the order of the acting minister of national economy of the Republic of Kazakhstan of July 31, 2018 No. 3 "About approval of form of checking leaf" (it is registered in the Register of the state registration of regulatory legal acts No. 17371), for reference of subjects (objects) of control in the field of protection of plants to risk degrees and selection of subjects of control when conducting checks on compliance to qualification requirements according to the licenses issued according to the Law of the Republic of Kazakhstan "About permissions and notifications" (further – check on compliance to qualification requirements) and preventive control with visit of subject (object) of control.

2. In these Criteria the following concepts are used:

1) point – quantitative measure of calculation of risk;

2) normalization of data – the statistical procedure providing reduction of the values measured in different scales to conditionally general scale;

3) subjects (objects) of control – physical persons and legal entities which activities are connected with objects of the state phytosanitary control in the field of protection of plants;

4) 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;

5) 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;

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