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

of May 31, 2023 No. 210, on June 1, 2023 No. 96

About introduction of amendments to the joint order of the Deputy prime minister of the Republic of Kazakhstan – the Minister of Agriculture of the Republic of Kazakhstan of August 12, 2016 No. 358 and the Minister of national economy of the Republic of Kazakhstan of August 24, 2016 No. 381 "About approval of criteria for evaluation of risk degree and checking leaf in the field of the state control in the field of biofuel production"

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 August 12, 2016 No. 358 and the acting minister of national economy of the Republic of Kazakhstan of August 24, 2016 No. 381 "About approval of criteria for evaluation of risk degree and checking leaf in the field of the state control in the field of biofuel production" (it is registered in the Register of state registration of regulatory legal acts No. 14272) the following changes:

to be reworded as follows appendices 1 and 2 to the specified joint order according to appendices 1 and 2 to this joint order.

2. And conversions of agricultural products of the Ministry of Agriculture of the Republic of Kazakhstan in the procedure established by the legislation to provide to department of the agrofood markets:

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.

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.

Minister of national economy of the Republic of Kazakhstan

__________ A. Kuantyrov

Acting minister of agricultural industry of the Republic of Kazakhstan

__________ A. Tamabek

It is approved Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan

It is approved Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

Appendix 1

to the joint Order of the deputy. The Minister of Agriculture of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of May 31, 2023 No. 210, on June 1, 2023 No. 96

Appendix 1

to the joint Order of the Deputy prime minister of the Republic of Kazakhstan – the Minister of Agriculture of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of August 12, 2016 No. 358, on August 24, 2016 No. 381

Criteria for evaluation of risk degree in the field of biofuel production

Chapter 1. General provisions

1. These Criteria for evaluation of risk degree in the field of biofuel production (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 the purpose of reference of subjects (objects) of control in the field of biofuel production to risk degrees for carrying out preventive control with visit of subject (object) of control.

2. In these Criteria the following concepts are used:

1) subjects (objects) of control – the legal entities performing biofuel production;

2) point – quantitative measure of calculation of risk;

3) insignificant violation – violation of the requirements established by regulatory legal acts in the field of biological fuel regarding untimely representation by subjects (objects) of control (producers of biological fuel) of reports in local executive body of area, city of republican value and the capital;

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

5) considerable violation – violation of the requirements established by regulatory legal acts in the field of biological fuel regarding not representation by subjects (objects) of control (producers of biological fuel) of reports in local executive body of area, city of republican value and the capital, lack of documents on food raw materials, confirmatory that raw materials are not genetically modified source (object) or containing genetically modified sources (objects) with evidence-based confirmation of their safety and carrying out state registration; lack of survey meters of accounting of production volumes of biological fuel and their not serviceable condition;

6) gross violation – violation of the requirements established by regulatory legal acts in the field of biological fuel regarding use of food raw materials for the subsequent conversion in biological fuel in the amount exceeding the quota established by authorized body in the field of biofuel production; lack of the passport of biofuel production; compliance of composition of food raw materials for biofuel production (use of 1 and 2 classes of wheat is not allowed);

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) 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 in the field of biofuel production and which are not depending directly on separate subject (object) of control;

9) 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;

10) system of assessment and risk management – process of acceptance of the management decisions directed to decrease in probability of approach of adverse factors by distribution of subjects (objects) of control on risk degrees for the subsequent implementation of preventive control with visit of subject (object) of control for the purpose of minimum possible extent of restriction of freedom of enterprise, providing at the same time admissible risk level in the field of biofuel production, and also directed to change of risk level for specific subject (object) of control and (or) release of such subject (object) of control from preventive control with visit of subject (object) of control;

11) sample (selection) – the list of the estimated subjects (objects) carried to homogeneous group of subjects (objects) of control in the specific sphere of the state control according to Item 2 of article 143 of the Code.

Chapter 2. Procedure for forming of system of assessment and risk management when carrying out preventive control of subjects (objects) control

3. For risk management objectives when implementing preventive control with visit of subject (object) of control, 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 which are performed step by step (the multicriteria analysis of decisions).

At the first stage by objective criteria subjects (objects) of control belong to one of the following risk degrees:

1) high risk;

2) average risk;

3) low risk.

Concerning subjects (objects) of control carried to high and average risk degrees are carried out preventive control with visit of subject (object) of control and unscheduled inspection.

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

4. At the second stage by subjective criteria subjects (objects) of control belong to one of the following risk degrees:

1) high risk;

2) average risk;

3) low risk.

On risk exponents by subjective criteria the subject (object) of control also belongs:

1) to high risk – in case of exponent of risk from 71 to 100 inclusive;

2) to average risk degree – in case of exponent of risk from 31 to 70 inclusive;

3) to low risk degree – in case of exponent of risk from 0 to 30 inclusive.

5. Depending on possible risk and the importance of problem, singularity or systemacity of violation, the analysis of the decisions made earlier on each source of information requirements imposed to activities of subjects (objects) of control correspond to extent of violation – rough, considerable and insignificant.

Extent of violations of requirements in the field of biofuel production is determined according to appendix 1 to these Criteria.

6. 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.

Paragraph 1. Objective criteria

7. By objective criteria subjects (objects) of control performing biofuel production from grain, sugar beet belong to subjects (objects) of control of high risk.

8. By objective criteria subjects (objects) of control performing biofuel production from raw materials of biological origin belong to subjects (objects) of control with average risk degree (except for grain and sugar beet).

9. By objective criteria subjects (objects) of control performing biofuel production from raw materials of the biological origin representing by-products of deep conversion of grain, organic waste belong to subjects (objects) of control with low risk degree.

Paragraph 2. Subjective criteria

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

1) forming of the database and information collection;

2) information analysis and risks assessment.

11. Forming of the database and information collection are necessary for identification of subjects (objects) of control.

Processes of data collection and processing are fully automated and allow possibility of check of correctness of the obtained data.

For assessment of risk degree the following sources of information are used:

1) results of monitoring of the reporting and the data represented by the subject of control;

2) results of the previous unscheduled inspections and preventive control with visit of subjects (objects) of control.

12. Based on the available sources of information the data on subjective criteria which are subject to the analysis and assessment are created.

The analysis and assessment of subjective criteria allows to concentrate carrying out preventive control of subject (object) control concerning subject (object) of control with the greatest potential risk.

At the same time in the analysis and assessment the data of subjective criteria which are earlier considered and used concerning specific subject (object) of control or data according to which the term of limitation period according to Item 1 of Article 178 of the Civil code of the Republic of Kazakhstan expired are not applied.

Concerning the subjects of control which eliminated in full the issued violations following the results of the carried-out previous preventive control with visit their inclusion when forming lists for the next period of the state control is not allowed.

13. Proceeding from priority of the applied sources of information and the importance of indicators of subjective criteria, according to risk exponent procedure of payments by the subjective criteria determined in Chapter of 3 these Criteria the risk exponent by subjective criteria on scale from 0 to 100 points is calculated.

Priority of the applied sources of information and the importance of indicators of subjective criteria are established according to the list of subjective criteria for determination of risk degree by subjective criteria in the field of biofuel production in form according to appendix 2 to these Criteria.

Paragraph 3. Risk management

14. For the purpose of realization of the principle of encouragement of fair subjects of control and concentration of control on violators subjects (objects) of control are exempted from carrying out preventive control with visit of subject (object) of control for the period determined by Item of 21 these Criteria.

15. Subjects (objects) of control are transferred using information system from high risk in average risk degree or from average risk degree in low risk degree in the field of biofuel production in cases if in the laws of the Republic of Kazakhstan and in these Criteria cases of release from preventive control with visit of subject (object) of control are determined.

16. The system of assessment and risk management is conducted with use of the information systems carrying subjects (objects) of control to specific risk degrees and creating lists of holding control actions and also is based on the state statistics, results of departmental statistical observation, and also information tools.

In the absence of information system of assessment and risk management minimum admissible threshold of amount of subjects (objects) of control concerning which are performed preventive control with visit of subject (object) of control shall not exceed five percent from total quantity of such subjects of control in the field of biofuel production.

Chapter 3. Risk degree procedure of payments by subjective criteria

17. To risk degree according to Items 3 and 4 of the presents the Criterion is applied to reference of the subject of control the following procedure of payments of exponent of risk.

The state body collects information and creates the database on subjective criteria of sources according to Item of 11 these Criteria.

Measure calculation of risk degree by subjective criteria (R) is perfromed in the automated mode by summing of exponent of risk on violations by results of the previous preventive control with visit of subjects (objects) of control (SP) and exponent of risk by subjective criteria (SC), with the subsequent normalization of values from 0 to 100 points this in the range.

Rprom = SP + SC,

where:

Rprom – intermediate exponent of risk by subjective criteria;

SP – risk exponent on violations;

SC – risk exponent by the subjective criteria determined according to Item of 13 these Criteria.

Calculation is made on each subject (object) of control of homogeneous group of subjects (objects) of control in the field of biofuel production. At the same time the list of the estimated subjects (objects) of control carried to homogeneous group of subjects (objects) of control in the field of biofuel production forms sample (selection) for the subsequent normalization of data.

18. According to the data obtained by results of the previous preventive control with visit of subjects (objects) of control the risk exponent on violations estimated in points from 0 to 100 is created.

In case of identification of one gross violation on any of the sources of information specified in Item of 11 these Criteria, the subject of control the exponent of risk of 100 points is equated and concerning it preventive control with visit of subject (object) of control is carried out.

In case of not identification of gross violations the risk exponent on violations is calculated total indicator on violations of considerable and insignificant degree.

In case of measure definition of considerable violations 0,7 coefficient is applied.

This indicator is calculated by the following formula:

SRZ = (SP2 x 100/SP1) x 0,7,

where:

SRZ – indicator of considerable violations;

SP1 – the required number of considerable violations;

SP2 – the number of the revealed considerable violations;

In case of measure definition of insignificant violations 0,3 coefficient is applied.

This indicator is calculated by the following formula:

SRN = (SP2 x 100/SP1) x 0,3,

where:

SRN – indicator of insignificant violations;

SP1 – the required number of insignificant violations;

SP2 – the number of the revealed insignificant violations;

The risk exponent on violations (SP) is calculated on scale from 0 to 100 points and is determined by summing of indicators of considerable and insignificant violations by the following formula:

SP = SRZ + SRN,

where:

SP – risk exponent on violations;

SRZ – indicator of considerable violations;

SRN – indicator of insignificant violations.

The received risk degree measure value on violations joins in measure calculation of risk degree by subjective criteria.

19. Measure calculation of risk degree by the subjective criteria determined according to Item of 13 these Criteria is made on scale from 0 to 100 points and performed on the following formula:  

xi – indicator of subjective criterion;

wi – specific weight of indicator of subjective criterion of xi;

n – quantity of indicators.

The received risk degree measure value by the subjective criteria determined according to Item of 13 these Criteria joins in measure calculation of risk degree by subjective criteria.

20. The values calculated by subjects (objects) by indicator are normalized by R in the range from 0 to 100 points. Normalization of data is performed on each sample (selection) with use of the following formula:

 

R – risk exponent (final) by subjective criteria of separate subject (object) of control;

Rmax – the greatest possible value on risk degree scale by subjective criteria on subjects (objects) entering one sample (selection) (the upper bound of scale);

Rmin – minimum possible value on risk degree scale by subjective criteria on subjects (objects) entering one sample (selection) (the lower bound of scale);

Rprom – the intermediate exponent of risk by subjective criteria calculated according to Item of 17 these Criteria.

Chapter 4. Final provisions

21. Frequency rate of carrying out preventive control with visit of subject (object) of control is determined by results of the carried-out analysis and assessment of the received data on subjective criteria, but is not more often than two times a year.

22. Preventive control with visit of subject (object) of control is carried out based on the semi-annual lists of carrying out preventive control with visit of subject (object) of control created according to item 4 of article 144-2 of the Code.

Appendix 1

to Criteria for evaluation of risk degree in the field of biofuel production

Extent of violations of requirements in the field of biofuel production

№	Name of criteria	Extent of violation
1	2	3
Results of monitoring of the reporting and the data represented by the subject of control
1.	Untimely submission by producers of biological fuel of reports to local executive body of area, city of republican value and capital	insignificant
2.	Not submission by producers of biological fuel of reports to local executive body of area, city of republican value and capital	considerable
Results of the previous unscheduled inspections and preventive control with visit of subjects (objects) of control
3.	Use of food raw materials for the subsequent conversion in biological fuel in the amount which is not exceeding the quota established by authorized body in the field of biofuel production	rough
4.	Compliance of composition of food raw materials for biofuel production (use as food raw materials wheat 1 and 2 of classes is forbidden)	rough
5.	Availability of the passport of biofuel production	rough
6.	Availability of survey meters of accounting of production volumes of biological fuel and their serviceable condition	considerable
7.	Availability of documents on food raw materials, confirmatory that raw materials are not genetically modified source (object) or containing genetically modified sources (objects) with evidence-based confirmation of their safety and carrying out state registration	considerable

 

Appendix 2

to Criteria for evaluation of risk degree in the field of biofuel production

Form

The list of subjective criteria for determination of risk degree by subjective criteria in the field of biofuel production

№ of payment order	Indicator of subjective criterion	Source of information on indicator of subjective criterion	Specific weight on the importance, point (in the amount shall not exceed 100 points), wi	Conditions/values, xi
				condition 1/value	condition 2/value
1	2	3	4	5	6
The list of subjective criteria for determination of risk degree in the field of biofuel production according to article 138 of the Entrepreneurial code of the Republic of Kazakhstan concerning the legal entities performing biofuel production
For preventive control with visit of subject (object) of control
1.	Not submission by producers of biological fuel of reports to local executive body of area, city of republican value and capital	Results of monitoring of the reporting and the data represented by subjects of control	25	timely submission of the report	non-presentation of the report
				0%	100%

 

Appendix 2

to the joint Order of the deputy. The Minister of Agriculture of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of May 31, 2023 No. 210, on June 1, 2023 No. 96

Appendix 2

to the joint Order of the Deputy prime minister of the Republic of Kazakhstan – the Minister of Agriculture of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of August 12, 2016 No. 358, on August 24, 2016 No. 381

Checking leaf in the field of the state control in the field of biofuel production

according to article 138 of the Entrepreneurial code of the Republic

Kazakhstan concerning subject (object) of the control performing

biofuel production _______________________________________________

______________________________________________________________________

name of homogeneous group of subjects (objects) of control

The state body which appointed check / preventive control

with visit of subject (object) контроля_________________________________

______________________________________________________________________

The act of purpose of check / preventive control with visit of the subject

(object) контроля_____________________________________________________
                                                               No., date

Name of subject (object) of control ________________________________

______________________________________________________________________

Business and identification number of subject (object) of control

______________________________________________________________________

Place address нахождения________________________________________________

№	List of requirements	Conforms to requirements	Does not conform to requirements
1	2	3	4
1.	Untimely submission by producers of biological fuel of reports to local executive body of area, city of republican value and capital
2.	Not submission by producers of biological fuel of reports to local executive body of area, city of republican value and capital
3.	Use of food raw materials for the subsequent conversion in biological fuel in the amount which is not exceeding the quota established by authorized body in the field of biofuel production
4.	Compliance of composition of food raw materials for biofuel production (use as food raw materials wheat 1 and 2 of classes is forbidden)
5.	Availability of the passport of biofuel production
6.	Availability of survey meters of accounting of production volumes of biological fuel and their serviceable condition
7.	Availability of documents on food raw materials, confirmatory that raw materials are not genetically modified source (object) or containing genetically modified sources (objects) with evidence-based confirmation of their safety and carrying out state registration

Official person(s) _________________________________ ___________
                                                                  position                   signature

____________________________________________________________________
                                     surname, name, middle name (in the presence)

Head of the subject of the control ___________________ ____________________
                                                                  position              signature

____________________________________________________________________
                                   surname, name, middle name (in the presence)

 

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