JOINT ORDER OF I.O. MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN AND MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of July 14, 2021 No. 208, on August 2, 2021 No. 76

About modification and amendments in the Joint Order of the Deputy prime minister of the Republic of Kazakhstan - the Minister of Agriculture of the Republic of Kazakhstan of November 30, 2018 No. 485 and the Minister of national economy of the Republic of Kazakhstan of November 30, 2018 No. 93 "About approval of criteria for evaluation of degree of risks and checking sheets in the field of seed farming"

WE ORDER:

1. Bring in the joint order of the Deputy prime minister of the Republic of Kazakhstan - the Minister of Agriculture of the Republic of Kazakhstan of November 30, 2018 No. 485 and the Minister of national economy of the Republic of Kazakhstan of November 30, 2018 No. 93 "About approval of criteria for evaluation of degree of risks and checking sheets in the field of seed farming" (it is registered in the Register of state registration of regulatory legal acts No. 17871) the following changes and amendment:

state Item 1 in the following edition:

"1. Approve:

1) criteria for evaluation of degree of risks in the field of seed farming according to appendix 1 to this joint order;

2) checking sheets in the field of seed farming for:

producers of original seeds according to appendix 2 to this joint order;

elite and seed-growing farms according to appendix 3 to this joint order;

seed-growing farms according to appendix 4 to this joint order;

implementors of seeds according to appendix 5 to this joint order;

laboratories on examination of quality of seeds according to appendix 6 to this joint order;

consumers of seeds (except for the physical persons who are engaged in production of seeds for use on personal, garden, seasonal and garden plots without the right of their realization) according to appendix 7 to this joint order.";

in the criteria for evaluation of risk degree in the field of seed farming approved by the specified joint order:

state heading in the following edition:

"Criteria for evaluation of degree of risks in the field of seed farming";

state Item 2 in the following edition:

"2. In these Criteria the following concepts are used:

1) subjects (objects) of control - the physical persons and legal entities performing activities for production, procurement, processing, storage, examination, realization, transportation and use of seeds;

2) insignificant violation - violation of the requirements established by regulatory legal acts in the field of seed farming regarding the wrong maintaining documentation in the field of seed farming, and also the violations which are not referred to gross and considerable violations;

3) considerable violation - violation of the requirements established by regulatory legal acts in the field of seed farming on availability of ploughland, the mastered seed-growing crop rotations, high-quality agrotechnology, qualified specialists, initial seed material, to ensuring safety of materials of accounting on seed farming, carrying out systematic inspection of crops (landings), the territories, seed cleaning machines and mechanisms, warehouses on identification of quarantine objects and holding actions for fight against them, to storage of average tests, document creation about quality of seeds, to use for crops of seeds to requirements of the legislation of the Republic of Kazakhstan about seed farming, availability of the license agreement, and also violation of the terms and completeness of provision of the reporting conforming on high-quality and sowing qualities;

4) gross violation - violation of the requirements established by the legislation of the Republic of Kazakhstan in the field of seed farming, the attracting administrative responsibilities, stipulated in Article 402 Codes of the Republic of Kazakhstan "About administrative offenses", not observance of requirements for material equipment, carrying out approbation, to sampling, observance of standards in the field of seed farming when conducting examination of quality of seeds, availability of claims and addresses, use for crops (landing) of seeds of the agricultural plants received on the basis of genetic engineering (genetically modified), use for crops (landing) of seeds of the agricultural plants infected with quarantine objects, inappropriate use of the subsidized seeds;

5) risk - probability of damnification as a result of activities of the subject of control to legitimate interests of physical persons and legal entities, valuable interests of the state taking into account severity of its effects, expressed as production, realization and use of the seeds which are not conforming on high-quality and sowing qualities to requirements of the legislation of the Republic of Kazakhstan about seed farming owing to violation of requirements of the legislation on seed farming;

6) 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;

7) 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;

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

9) the checking sheet - the list of requirements including only those requirements to activities of subjects (objects) of control 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.";

state Item 7 in the following edition:

"7. To not carried to high risk implementors of seeds and consumers of seeds belong (except for the physical persons who are engaged in production of seeds for use on personal, garden, seasonal and garden plots without the right of their realization).";

to be reworded as follows appendix to the specified criteria according to appendix 1 to this joint order;

2, of 3, 4 and 5 to the specified joint order to be reworded as follows appendices according to appendices 2, of 3, 4 and 5 to this joint order;

add with appendix 7 according to appendix 6 to this joint order.

2. To provide to department of production and conversion of crop products of the Ministry of Agriculture 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) placement of this joint order on Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan after its official publication.

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

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

Appendix 1

to the Joint Order of the Acting minister of agricultural industry of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of July 14, 2021 No. 208, on August 2, 2021 No. 76

Appendix

to Criteria for evaluation of degree of risks in the field of seed farming

Subjective criteria for evaluation of risk degree in the field of seed farming

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