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

of February 15, 2023 No. 64, on February 15, 2023 No. 23

About modification and amendments in the joint order of the Minister of Agriculture of the Republic of Kazakhstan of December 28, 2015 No. 15-05/1135 and the Minister of national economy of the Republic of Kazakhstan of December 29, 2015 No. 821 "About approval of criteria for evaluation of risk degree and checking sheets in the field of protection of plants"

WE ORDER:

1. Bring in the joint order of the Minister of Agriculture of the Republic of Kazakhstan of December 28, 2015 No. 15-05/1135 and the Minister of national economy of the Republic of Kazakhstan of December 29, 2015 No. 821 "About approval of criteria for evaluation of risk degree and checking sheets in the field of protection of plants" (it is registered in the Register of state registration of regulatory legal acts No. 12744) the following changes and amendments:

state preamble in the following edition:

"According to Items 5 and 6 of Article 141 and Item 1 of article 143 of the Entrepreneurial code of the Republic of Kazakhstan we ORDER:";

in Item 1:

8) to exclude the subitem;

10) to state the subitem in the following edition:

"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;";

add with subitems 11), 12) and 13) of the following content:

"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.";

1, of 2, of 3, of 4, of 5, of 6, of 7, 9 and 10 to be reworded as follows appendices according to appendices 1, of 2, of 3, of 4, of 5, of 6, of 7, of 8, and 9 to this joint order;

add with appendices 11, 12 and 13 according to appendices 10, 11 and 12 to this joint order.

2. 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) 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 Minister of Agriculture of the Republic of Kazakhstan and the Acting Minister of national economy of the Republic of Kazakhstan of February 15, 2023 No. 64, on February 15, 2023 No. 23

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 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 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) 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;

2) 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;

3) 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;

4) 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 "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 license for activities on realization of pesticides, on use of pesticides aerosol and fumigatsionny by methods, lack of 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 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 are carried out check on compliance to qualification requirements, preventive control with visit of subject (object) of control, preventive control without visit of subject (object) of control and unscheduled inspection.

Chapter 2. Procedure for forming of system of assessment and risk management when conducting check on compliance to requirements and preventive control of subjects (objects) of control

4. Criteria for evaluation of risk degree for conducting check on compliance to requirements and preventive control of subjects (objects) of control are created by means of determination of objective criteria for evaluation of risk degree (further – objective criteria) and subjective criteria for evaluation of risk degree (further – subjective criteria).

Paragraph 1. Objective criteria

5. The pesticides used in agricultural 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 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 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;

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;

subjects (objects) of control performing activities for carrying out registration (melkodelyanochny and production) testing of pesticides;

subjects (objects) of control performing sales activity of pesticides, bioagents;

subjects (objects) of control performing activities for production (formulyation) of pesticides for conducting check on compliance to qualification requirements;

subjects (objects) of control performing sales activity of pesticides for conducting check on compliance to qualification requirements;

subjects (objects) of control performing activities for use of pesticides aerosol and fumigatsionny by methods, for conducting check on compliance to qualification requirements.

Paragraph 2. Subjective criteria

7. Determination of subjective criteria is performed using the following stages:

1) forming of the database and information collection;

2) information analysis and risks assessment.

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