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. 63, on February 15, 2023 No. 22

About modification and amendments in the joint order of the Minister of Agriculture of the Republic of Kazakhstan of December 28, 2015 No. 15-05/1138 and the Minister of national economy of the Republic of Kazakhstan of December 29, 2015 No. 819 "About approval of checking sheets in the field of quarantine 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. 15-05/1138 and the Minister of national economy of the Republic of Kazakhstan of December 29, 2015 No. 819 "About approval of checking sheets in the field of quarantine of plants" (it is registered in the Register of state registration of regulatory legal acts No. 12740) the following changes and amendment:

to state heading of the order in the following edition:

"About approval of criteria for evaluation of risk degree and checking sheets in the field of quarantine of plants";

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:";

state Item 1 in the following edition:

"1. Approve:

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

2) checking leaf in the field of quarantine of plants concerning subjects (objects) of control and supervision performing production, procurement, storage, conversion of quarantine products of high phytosanitary risk and (or) products from quarantine products of high phytosanitary risk according to appendix 2 to this joint order;

3) checking leaf in the field of quarantine of plants concerning subjects (objects) of control and supervision performing scientific research with use or in respect of quarantine objects and (or) alien types and (or) infected (littered) quarantine objects and (or) alien types quarantine products according to appendix 3 to this joint order;

4) checking leaf in the field of quarantine of plants concerning subjects (objects) of control and supervision performing marking and disinfecting of wood packaging material according to appendix 4 to this joint order;

5) checking leaf in the field of quarantine of plants concerning subjects (objects) of control and supervision performing disinfecting of the quarantine products of high and low phytosanitary risk infected (littered) with quarantine objects and (or) alien types according to appendix 5 to this joint order.";

1, of 2, 3 and 4 to be reworded as follows appendices according to appendices 1, of 2, 3 and 4 to this joint order;

add with appendix 5 according to appendix 5 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. 63, on February 15, 2023 No. 22

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. 15-05/1138, 29 of December, 2015 No. 819

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

Chapter 1. General provisions

1. These Criteria for evaluation of risk degree in the field of quarantine 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 and supervision in the field of quarantine of plants to risk degrees and selection of subjects (objects) of control and supervision when carrying out preventive control with visit of subject (object) of control and supervision.

2. In these Criteria the following concepts are used:

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

2) insignificant violation – violation of the requirements established by the legislation of the Republic of Kazakhstan in the field of quarantine of plants in the form of availability of waste (garbage, vegetable remaining balance) on unloading platforms, storage facilities and processing equipment after carrying out technological transactions with grain and products of its conversion;

3) considerable violation – violation of the requirements established by the legislation of the Republic of Kazakhstan in the field of quarantine of plants, not belonging to insignificant and gross violations;

4) gross violation – violation of the requirements established by the legislation of the Republic of Kazakhstan in the field of quarantine of plants, attracting the administrative responsibility provided by the Code of the Republic of Kazakhstan "About administrative offenses";

5) risk – probability of damnification as a result of activities of the subject of control and supervision 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;

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 and supervision depending on risk degree in the field of quarantine of plants and which are not depending directly on separate subject (object) of control and supervision;

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

8) 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 and supervision depending on results of activities of specific subject (object) of control and supervision;

9) the checking sheet – the list of requirements imposed to activities of subjects (objects) of control and supervision 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.

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

1) high risk;

2) average risk;

3) low risk.

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