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

of December 24, 2015 No. 748, on December 29, 2015 No. 824

About approval of criteria for evaluation of risk degree and checking sheets in the field of gas and gas supply

According to Item 5 of Article 141, 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 gas and gas supply according to appendix 1 to this joint order;

2) checking leaf in the field of gas and gas supply concerning producers of commodity gas according to appendix 2 to this joint order;

3) checking leaf in the field of gas and gas supply concerning producers of the liquefied oil gas according to appendix 3 to this joint order;

4) checking leaf in the field of gas and gas supply concerning producers of liquefied natural gas according to appendix 4 to this joint order;

5) checking leaf in the field of gas and gas supply concerning the subsoil users who are owners of the commodity gas made in the course of conversion of the sour gas extracted by them according to appendix 5 to this joint order;

6) checking leaf in the field of gas and gas supply concerning owners of the liquefied oil gas made in the course of conversion belonging to them on the property right or other legal causes of hydrocarbonic raw materials according to appendix 6 to this joint order;

7) checking leaf in the field of gas and gas supply concerning owners of the liquefied oil gas made outside the territory of the Republic of Kazakhstan and imported for consumption on the territory of the Republic of Kazakhstan according to appendix 7 to this joint order;

8) checking leaf in the field of gas and gas supply concerning owners of the commodity gas made outside the territory of the Republic of Kazakhstan and imported for consumption on the territory of the Republic of Kazakhstan according to appendix 8 to this joint order;

9) checking leaf in the field of gas and gas supply concerning owners of the commodity gas made outside the territory of the Republic of Kazakhstan from the sour gas extracted in the Republic of Kazakhstan based on international treaties of the Republic of Kazakhstan according to appendix 9 to this joint order;

10) checking leaf in the field of gas and gas supply concerning the national operator according to appendix 10 to this joint order;

11) checking leaf in the field of gas and gas supply concerning owners of gas-filling stations according to appendix 11 to this joint order;

12) checking leaf in the field of gas and gas supply concerning the gas-distributing organizations according to appendix 12 to this joint order;

13) checking leaf in the field of gas and gas supply concerning the gas transmission organizations according to appendix 13 to this joint order;

14) checking leaf in the field of gas and gas supply concerning owners of gas-filling Items according to appendix 14 to this joint order;

15) checking leaf in the field of gas and gas supply concerning owners of autogas-filling stations according to appendix 15 to this joint order;

16) checking leaf in the field of gas and gas supply concerning owners of autogas-filling compressor stations according to appendix 16 to this joint order;

17) checking leaf in the field of gas and gas supply concerning owners of group reservoir installations according to appendix 17 to this joint order;

18) checking leaf in the field of gas and gas supply concerning industrial consumers of commodity gas according to appendix 18 to this joint order;

19) checking leaf in the field of gas and gas supply concerning industrial consumers of the liquefied oil gas according to appendix 19 to this joint order;

20) checking leaf in the field of gas and gas supply concerning industrial consumers investors, consumers included in the list of power plants according to appendix 20 to this joint order.

2. Declare invalid the joint order of the acting minister of national economy of the Republic of Kazakhstan of June 30, 2015 No. 483 and the Minister of Energy of the Republic of Kazakhstan of June 26, 2015 No. 441 "About approval of criteria for evaluation of risk degree and form of checking leaf in the field of gas and gas supply" (registered in the Register of state registration of regulatory legal acts for No. 11827, published on September 3, 2015 in information system of law of Ad_let).

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 in the procedure established by the legislation:

1) state registration of this 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 information system of law of Ad_let, and also 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 for inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

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

4) 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) and 3) 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 from the date of its first official publication.

Minister of national economy of the Republic of Kazakhstan

________________ E.Dosayev

Minister of Energy of the Republic of Kazakhstan

_____________ V. Shkolnik

It is approved Chairman of Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan December 24, 2015

_______________ S. Aytpayeva

 

Appendix 1

to the joint Order of the Minister of Energy of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of December 24, 2015 No. 748, on December 29, 2015 No. 824

Criteria for evaluation of risk degree in the field of gas and gas supply

Chapter 1. General provisions

1. These Criteria for evaluation of risk degree in the field of gas and gas supply (further – Criteria) are developed according to Item 5 of article 141 of the Entrepreneurial code of the Republic of Kazakhstan (further – the Code), the Law of the Republic of Kazakhstan "About gas and gas supply" (further – the Law) and 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 state registration of regulatory legal acts for No. 28577) for the purpose of reference of subjects (objects) of control in the field of gas and gas supply on risk degrees.

2. In Criteria the following concepts are used:

1) the autogas-filling station – the technology complex intended for storage and retail sale of the liquefied oil gas to the owners of vehicles using it in fuel quality;

2) autogas-filling compressor station – the technology complex intended for compression, storage and retail sale of commodity gas to the owners of vehicles using it in fuel quality;

3) the subject of control – producers commodity, liquefied oil, liquefied natural gas, the subsoil users who are owners of the commodity gas made in the course of conversion of the sour gas extracted by them, owners of the liquefied oil gas made in the course of conversion belonging to them on the property right or other legal causes of hydrocarbonic raw materials, owners of the liquefied oil gas made outside the territory of the Republic of Kazakhstan and imported for consumption on the territory of the Republic of Kazakhstan, owners of the commodity gas made outside the territory of the Republic of Kazakhstan and imported for consumption on the territory of the Republic of Kazakhstan, owners of commodity gas made outside the territory of the Republic of Kazakhstan from the sour gas extracted in the Republic of Kazakhstan based on international treaties of the Republic of Kazakhstan, the national operator, owners of gazonapolnitelny stations, gas-distributing the organizations, gas transmission the organizations, owners of gas-filling Items, owners of autogas-filling stations, owners of autogas-filling compressor stations, owners of group reservoir installations, industrial consumers of commodity gas, industrial consumers of the liquefied oil gas, the industrial consumers investors, consumers included in the list of power plants;

4) insignificant violations – the violations connected with failure to provide the provided reports and data;

5) the gas-distributing organization – the legal entity performing transportation of commodity gas on gas-distribution system, technical operation of gas-distribution system, and also wholesale and retail sale of commodity gas on the conditions established by the Law;

6) the gas transmission organization – the legal entity rendering transportation services of commodity gas on connecting, trunk gas pipelines and (or) storage of commodity gas in storages of commodity gas on the conditions established by the Law;

7) gas-filling Item – the engineering construction intended for storage, discharge and filling the liquefied oil gas in household cylinders;

8) the gas-filling station – complex of technology interconnected production and other facilities intended for storage, discharge and filling the liquefied oil gas in cistern cars, autogas carriers, household cylinders and also repair and utilization of household cylinders;

9) considerable violations – the violations connected with lack of survey meters of accounting and not accounting of amount of gas, non-compliance with the requirement for the direction to the national operator of the commercial offer, non-compliance with requirements for transfer according to the decision of authorized body in the field of gas and gas supply of gas to the national operator or the attracted investor, failure to provide of construction, operation, upgrade and (or) reconstruction of objects of single system of supply with commodity gas according to the general scheme of gasification of the Republic of Kazakhstan, assumption of operation of the same connecting, trunk gas pipelines and storages of commodity gas by two and more gas transmission organizations, assumption of transportation and (or) storage of commodity gas in case of discrepancy of commodity gas to requirements of technical regulations and national standards and also in case of non-presentation by the subsoil user of written refusal of the national operator of the privilege of the state or the documents confirming receipt by the national operator of the commercial offer on alienation, non-compliance with requirements for alienation in coordination with authorized body in the field of gas and gas supply of objects of single system of supply with commodity gas;

10) the producer – the legal entity performing production commodity liquefied oil and (or) liquefied natural gas;

11) industrial consumer – the legal entity acquiring gas for use in fuel quality and (or) raw materials in industrial production;

12) the industrial consumer investor – the legal entity acquiring commodity gas for use in fuel quality and (or) raw materials in industrial production for the purpose of implementation of investment projects on production of petrochemical products and included in the list approved by authorized body in the field of gas and gas supply and also the legal entity acquiring commodity gas for production compressed and (or) liquefied natural gas for the purpose of further realization to consumers;

13) gross violations – the violations connected with violation priority and the privilege of the state to acquisition of gas and objects of gas supply system, with illegal gas sale, violation of the privilege of residential and household customers to use of commodity gas, marginal non-compliance with prices of wholesale, failure to carry out of the delivery plan of gas on the domestic market, non-compliance with the prohibition on implementation of transportation liquefied oil and liquefied natural gas railway, automobile, sea and inland water transport out of limits of the territory of the Republic of Kazakhstan, failure to provide of uninterrupted transportation, storage and supply with gas, availability of two and more confirmed claims and addresses, availability of the information on violations on analysis results of the data provided by state bodies and the organizations;

14) risk – probability of damnification as a result of activities of the subject of control 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;

15) 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 certain field of activity and which are not depending directly on separate subject (object) of control;

16) 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 specific subject (object) of control;

17) criteria for evaluation of risk degree – set of the quantitative and qualitative indexes connected with the direct activities of the subject of control, features of industry development and factors influencing this development, allowing to carry subjects (objects) of control to different risk degrees;

18) group reservoir installation – the engineering construction consisting of group of reservoirs, the safety and locking and regulating armature, gas pipelines and intended for storage and supply of the liquefied oil gas in gas-consuming systems which operation is referred to spheres of natural monopolies according to the legislation of the Republic of Kazakhstan on natural monopolies;

19) the consumer – the residential, household, industrial consumer, the industrial consumer investor or the consumer included in the list of power plants;

20) the national operator – the legal entity whose owner of controlling stock (share) is the state or national managing holding, the national company or the company entering into group of National welfare fund, determined by the Government of the Republic of Kazakhstan and performing activities in the field of gas and gas supply for the purpose of ensuring internal needs of the Republic of Kazakhstan for commodity gas.

3. For risk management objectives when implementing preventive control with visit of subject (object) of control subjects (objects) of control belong to one of the following risk degrees (further – risk degrees):

1) high risk;

2) average risk;

3) low risk.

For fields of activity of subjects (objects) of control carried to high and average risk degree are carried out preventive control with visit of subject (object) of control and unscheduled inspection.

For fields of activity of subjects (objects) of control carried to low risk degree unscheduled inspection is carried out.

4. Criteria for evaluation of risk degree for carrying out preventive control of subjects (objects) control are created by means of determination of objective and subjective criteria.

Chapter 2. Objective criteria

5. Determination of objective criteria is performed by means of risk identification.

6. Risk identification is performed taking into account one of the following criteria:

1) level of danger (complexity) of object;

2) scales of weight of possible negative effects, harm on the regulated sphere (area);

3) possibilities of approach of adverse incident for life or health of the person, environment, legitimate interests of physical persons and legal entities, states.

7. Producers of commodity gas, the liquefied oil gas, the subsoil users who are owners of the commodity gas made in the course of conversion of the sour gas extracted by them, owners of the liquefied oil gas made in the course of conversion belonging to them on the property right or other legal causes of hydrocarbonic raw materials, the national operator treat subjects of high risk.

8. The gas transmission organizations, the gas-distributing organizations treat subjects of average risk degree.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info