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

of June 1, 2023 No. 206, on June 1, 2023 No. 97

About modification and amendments in the joint order of the Minister of Energy of the Republic of Kazakhstan of December 23, 2015 No. 747 and the Minister of national economy of the Republic of Kazakhstan of December 28, 2015 No. 811 "About approval of criteria for evaluation of risk degree and checking sheets in the field of use of atomic energy"

WE ORDER:

1. Bring in the joint order of the Minister of Energy of the Republic of Kazakhstan of December 23, 2015 No. 747 and the Minister of national economy of the Republic of Kazakhstan of December 28, 2015 No. 811 "About approval of criteria for evaluation of risk degree and checking sheets in the field of use of atomic energy" (it is registered in the Register of state registration regulatory legal acts for No. 12678) the following changes and amendments:

in the Criteria approved by the specified joint order:

state Item 11 in the following edition:

"11. Forming of the database and information collection are necessary for the identification of subjects (objects) of control and supervision violating the law of the Republic of Kazakhstan in the field of use of atomic energy and about permissions and notifications.

For the purpose of conducting check and preventive control with visit 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 and supervision;

2) results of the previous checks and preventive control with visit of subjects (objects) of control and supervision;

3) results of preventive control without visit of subject (object) of control and supervision (the recommendation issued following the results of preventive control without visit of subject (object) of control and supervision).

For the purpose of conducting check on compliance to qualification requirements for assessment of risk degree the following sources of information are used:

1) analysis results of the data represented by state bodies and the organizations;

2) results of the previous checks.

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 subjective criteria the risk exponent by subjective criteria on scale from 0 to 100 points is calculated.";

state Item 13 in the following edition:

"13. 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 checks and preventive control with visit of subjects (objects) of control and supervision (SP) and exponent of risk by the subjective criteria determined according to Item of 11 these Criteria (SC), with the subsequent normalization of values this in the range from 0 to 100 points.

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 11 these Criteria.";

add with Item 13-1 of the following content:

"13-1. The following procedure of payments of exponent of risk is applied to reference of the subject of control and supervision to risk degree.

In case of identification of one gross violation to the subject of control and supervision the exponent of risk 100 is equated and concerning it preventive control with visit of subject (object) of control and supervision is carried out.

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

In case of measure definition of considerable violations the coefficient of 0,7 is applied and 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 value of general indicator is the basis of reference of the subject of entrepreneurship to one of the following risk degrees:

1) to high risk – in case of exponent of risk from 71 to 100 inclusive and concerning it preventive control with visit of subject (object) of control and supervision is carried out;

2) to average risk degree – in case of exponent of risk from 31 to 70 inclusive inclusive and concerning it preventive control with visit of subject (object) of control and supervision is carried out;

3) to low risk degree – in case of exponent of risk from 0 to 30 inclusive and concerning it preventive control with visit of subject (object) of control and supervision is not carried out.";

add with Item 13-2 of the following content:

"13-2. Measure calculation of risk degree by the subjective criteria determined according to Item of 11 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 11 these Criteria joins in measure calculation of risk degree by subjective criteria.";

add with Item 13-3 of the following content:

"13-3. The values calculated by subjects (objects) by indicator R are normalized 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 and supervision,

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 13 these Criteria.";

state Item 14 in the following edition:

"14. Extents of violation of requirements for the subjects operating nuclear energy power plants, installations on production of nuclear fuel and its components research nuclear (atomic) reactors and thermonuclear reactors for carrying out preventive control with visit of subject (object) of control and supervision are given in appendix 1 to these Criteria.

Extents of violation of requirements for the subjects operating installations on production and conversion of natural uranium, Items of storage it is high - average and low-active radioactive waste, Items of storage of radionuclide sources, Items of burial it is high - average and low-active radioactive waste, Items of burial of the fulfilled radionuclide sources and subjects performing activities with nuclear materials with indication of isotope structure, the radioactive materials, radiopharmaceuticals, generators of neutrons, uraniferous substances, toriysoderzhashchy substances, products of conversion of natural uranium closed by radionuclide sources with indication of activity it is high - average and low-active radioactive waste, radio isotope spectrometers, analyzers, sensors, measuring instruments, stationary radio isotope defectoscopes, figurative radio isotope defectoscopes, radio isotope installations for examination of hand luggage, baggage, transport, materials, substances, accelerators of electrons with energy it is higher than 10 mega-electron-volts (further – MEV), accelerators of ions with energy to 2 MEV/nucleon, accelerators of ions with energy is higher than 2 MEV/nucleon, medical gamma and therapeutic installations, medical radio isotope diagnostic oborudovaniye, transportation, including transit, of nuclear materials, radioactive materials, radio isotope sources of ionizing radiation, radioactive waste within the territory of the Republic of Kazakhstan, and providing services in the field of use of atomic energy for carrying out preventive control with visit of subject (object) of control and supervision are given by the treatment of radioactive waste, stationary x-ray defectoscopes, figurative x-ray defectoscopes, accelerators of electrons with energy to 10 MEV in appendix 2 to these Criteria.

Extents of violation of requirements for the subjects operating nuclear energy power plants, installations on production of nuclear fuel and its components research nuclear (atomic) reactors and thermonuclear reactors for conducting check on compliance to qualification requirements are given in appendix 3 to these Criteria.

Extents of violation of requirements for the subjects operating installations on production and conversion of natural uranium, Items of storage it is high - average and low-active radioactive waste, Items of storage of radionuclide sources, Items of burial it is high - average and low-active radioactive waste, Items of burial of the fulfilled radionuclide sources and subjects performing activities with nuclear materials with indication of isotope structure, the radioactive materials, radiopharmaceuticals, generators of neutrons, uraniferous substances, toriysoderzhashchy substances, products of conversion of natural uranium closed by radionuclide sources with indication of activity it is high - average and low-active radioactive waste, radio isotope spectrometers, analyzers, sensors, measuring instruments, stationary radio isotope defectoscopes, figurative radio isotope defectoscopes, radio isotope installations for examination of hand luggage, baggage, transport, materials, substances, accelerators of electrons with energy it is higher than 10 mega-electron-volts (further – MEV), accelerators of ions with energy to 2 MEV/nucleon, accelerators of ions with energy is higher than 2 MEV/nucleon, medical gamma and therapeutic installations, medical radio isotope diagnostic oborudovaniye, transportation, including transit, of nuclear materials, radioactive materials, radio isotope sources of ionizing radiation, radioactive waste within the territory of the Republic of Kazakhstan, and providing services in the field of use of atomic energy for conducting check on compliance to qualification requirements are given by the treatment of radioactive waste, stationary x-ray defectoscopes, figurative x-ray defectoscopes, accelerators of electrons with energy to 10 MEV in appendix 4 to these Criteria.

Extents of violation of requirements for subjects (objects) of control performing activities with x-ray spectrometers, analyzers, sensors, measuring instruments, the x-ray equipment for examination of hand luggage, baggage, transport, materials, substances, the x-ray equipment for personal examination of the person, medical accelerators of charged particles, medical x-ray installations of general purpose, the medical x-ray dental equipment, medical x-ray mammography installations, the medical x-ray angiographic equipment, medical computer x-ray tomographs, the medical x-ray therapeutic equipment, medical x-ray simulators, the subjects performing activities for physical protection of nuclear installations and nuclear materials, subjects performing activities in the territories of the former test nuclear test sites and other territories contaminated as a result of the conducted nuclear explosions, the subjects performing activities for special training of the personnel responsible for ensuring nuclear and radiation safety for conducting check on compliance to qualification requirements are given in appendix 5 to these Criteria.

The list of subjective criteria for determination of risk degree by subjective criteria in the field of use of atomic energy according to articles 138 and 139 of the Entrepreneurial code of the Republic of Kazakhstan concerning the subjects operating nuclear energy power plants, installations on production of nuclear fuel and its components, research nuclear (atomic) reactors and thermonuclear reactors is given in appendix 6 to these Criteria.

The list of subjective criteria for determination of risk degree by subjective criteria in the field of use of atomic energy according to articles 138 and 139 of the Entrepreneurial code of the Republic of Kazakhstan concerning the subjects operating installations on production and conversion of natural uranium, Items of storage it is high - average and low-active radioactive waste, Items of storage of radionuclide sources, Items of burial it is high - average and low-active radioactive waste, Items of burial of the fulfilled radionuclide sources and subjects performing activities with nuclear materials with indication of isotope structure, the radioactive materials, radiopharmaceuticals, generators of neutrons, uraniferous substances, toriysoderzhashchy substances, products of conversion of natural uranium closed by radionuclide sources with indication of activity it is high - average and low-active radioactive waste, radio isotope spectrometers, analyzers, sensors, measuring instruments, stationary radio isotope defectoscopes, figurative radio isotope defectoscopes, radio isotope installations for examination of hand luggage, baggage, transport, materials, substances, accelerators of electrons with energy it is higher than 10 mega-electron-volts (further – MEV), accelerators of ions with energy to 2 MEV/nucleon, accelerators of ions with energy is higher than 2 MEV/nucleon, medical gamma and therapeutic installations, medical radio isotope diagnostic oborudovaniye, transportation, including transit, of nuclear materials, radioactive materials, radio isotope sources of ionizing radiation, radioactive waste within the territory of the Republic of Kazakhstan, the treatment of radioactive waste, stationary x-ray defectoscopes, figurative x-ray defectoscopes, by accelerators of electrons with energy to 10 MEV and providing services in the field of use of atomic energy it is given in appendix 7 to these Criteria.

The list of subjective criteria for determination of risk degree by subjective criteria in the field of use of atomic energy according to articles 138 and 139 of the Entrepreneurial code of the Republic of Kazakhstan concerning the subjects performing activities with x-ray spectrometers, analyzers, sensors, measuring instruments, the x-ray equipment for examination of hand luggage, baggage, transport, materials, substances, the x-ray equipment for personal examination of the person, medical accelerators of charged particles, medical x-ray installations of general purpose, the medical x-ray dental equipment, medical x-ray mammography installations, the medical x-ray angiographic equipment, medical computer x-ray tomographs, the medical x-ray therapeutic equipment, medical x-ray simulators, subjects the nuclear installations and nuclear materials performing activities for physical protection, the subjects performing activities in the territories of the former test nuclear test sites and other territories contaminated as a result of the conducted nuclear explosions, the subjects performing activities for special training of the personnel responsible for ensuring nuclear and radiation safety it is given in appendix 8 to these Criteria.";

appendices 1, of 2, of 3, of 4, 5 to Criteria for evaluation of risk degree in the field of use of atomic energy, approved by the specified joint order to be reworded as follows according to appendices 1, of 2, of 3, of 4, 5 to this order;

add with appendices 6, of 7, 8 to Criteria for evaluation of risk degree in the field of use of atomic energy according to appendices 6, of 7, 8 to this joint order.".

2. To provide to committee of atomic and energy supervision and control of the Department of Energy of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

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 Department of Energy of the Republic of Kazakhstan;

3) 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 1) and 2) of this Item.

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

Minister of Energy of the Republic of Kazakhstan

__________________ A. Satkaliyev

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

 

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 June 1, 2023 No. 206, on June 1, 2023 No. 97

Appendix 1

to Criteria for evaluation of risk degree in the field of use of atomic energy

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