of February 29, 2012 No. 41 and of March 15, 2012 No. 71
About approval of criteria for evaluation of risk degree in the field of private entrepreneurship in the field of gas and gas supply
According to item 4 of article 13 of the Law of the Republic of Kazakhstan of January 6, 2011 "About the state control and supervision in the Republic of Kazakhstan", the subitem 17) of article 6 of the Law of the Republic of Kazakhstan of January 9, 2012 "About gas and gas supply" we ORDER:
1. Approve the enclosed criteria for evaluation of risk degree in the field of private entrepreneurship in the field of gas and gas supply.
2. To committee of the state inspection in oil and gas complex of the Ministry of oil and gas of the Republic of Kazakhstan (Momyshev T. A.) provide:
1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) official publication of this order after its state registration in the Ministry of Justice of the Republic of Kazakhstan;
3) publication of this order on official Internet resource of the Ministry of oil and gas of the Republic of Kazakhstan.
3. To impose control of execution of this order on the supervising vice-Oil Minister and gas of the Republic of Kazakhstan.
4. This order becomes effective after ten calendar days after day of its first official publication.
|
Oil Minister and gas of the Republic of Kazakhstan _______________ S. Mynbayev February 29, 2012 |
Minister of Economic Development and Trade of the Republic of Kazakhstan _______________ B. Sagintayev March 15, 2012 |
Approved by the Joint Order of the Oil Minister and gas of the Republic of Kazakhstan and the Minister of Economic Development and Trade of the Republic of Kazakhstan of February 29, 2012 No. 41i of March 15, 2012 No. 71
1. These criteria for evaluation of risk degree in the field of private entrepreneurship in the field of gas and gas supply (further - criteria) are developed according to the laws of the Republic of Kazakhstan of January 6, 2011 "About the state control and supervision in the Republic of Kazakhstan", of January 9, 2012 "About gas and gas supply" for reference of subjects of private entrepreneurship in the field of gas and gas supply to degrees of risks.
2. In criteria the following concepts are used:
1) risk - probability of damnification as a result of activities of the checked subject 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;
2) the checked subject - the producer of the commodity or liquefied gas, the gas-network, gas-distributing, gas transmission organization.
3. Frequency of conducting planned inspections is determined depending on risk degree with frequency not more often:
once a year - in case of high risk;
once in three years - in case of average risk degree;
once in five years - in case of insignificant risk degree.
4. Criteria for evaluation of risk degree are subdivided into 2 types:
1) objective - are based on the importance of risks, possible when implementing activities of the checked subjects;
2) subjective - are determined depending on the allowed checked subjects of violations, the established requirements.
Subjective criteria consist of considerable and insignificant violations.
5. Originally reference of the checked subjects on degrees of risks is performed on the basis of objective criteria for evaluation of risk degree.
6. The checked subjects by objective criteria are subdivided into the following groups of risks:
1) producers treat group of high risk;
2) the gas-distributing and gas-network organizations treat group of average risk degree;
3) the gas transmission organizations treat group of insignificant risk degree.
7. Secondary reference of the checked subjects on degrees of risks is performed taking into account subjective criteria.
8. Treat considerable violations of producers:
1) non-presentation or non-compliance with terms of submission of the commercial offer to the national operator in case of intention to make alienation of sour and (or) commodity gas;
2) non-presentation of the commercial offer to the national operator in case of intention to make alienation of object of single system of supply with commodity gas, shares in the right of common property to object of single system of supply with commodity gas and (or) the block of shares (share) of the legal entity - the owner of object of single system of supply with commodity gas;
3) non-compliance with the established marginal prices of wholesale of the commodity or liquefied oil gas in the domestic market of the Republic of Kazakhstan;
4) failure to carry out of the delivery schedule of the liquefied oil gas on the domestic market of the Republic of Kazakhstan.
9. Treat insignificant violations of producers:
1) non-presentation of data on production and realization of the commodity or liquefied oil gas;
2) lack of survey meters of accounting.
10. Treat considerable violations of the gas-network organization:
1) absence on the property right or other legal cause of the technological base conforming to qualifying standards of industrial safety;
2) not observance of technical process in case of operation of technological base and its maintenance;
3) absence of the services providing observance of qualifying standards of industrial safety;
4) absence of skilled structure (at least 70% of the total number of production personnel), the technical leads, specialists who are answering to the appropriate educational level, having experience of practical work at least two years in trained, instructing, retraining, certification for questions of industrial safety (for heads - the higher education in the oil and gas sphere, for specialists - at least secondary special education);
5) lack of the declaration of the safety issued and registered by authorized body in the field of industrial safety according to the Law of the Republic of Kazakhstan of April 3, 2002 "About industrial safety on hazardous production facilities";
6) operation of the same gas-filling stations and (or) group reservoir installations at the same time two and more gas-network organizations;
7) use of gas-filling Items and autogas-filling stations for realization of the liquefied oil gas at the same time two and more physical and (or) legal entities;
8) realization of the liquefied oil gas without survey meters of accounting;
9) implementation of wholesale of the liquefied oil gas exceeding the established marginal prices;
10) transportation of the liquefied oil gas by the transport non-compliant to the requirements of the legislation of the Republic of Kazakhstan to transportations of dangerous goods.
11. Treat insignificant violations of the gas-network organization:
1) lack of approved:
programs and actions for environmental protection, labor protection and safe engineering, and also actions for industrial safety;
the programs for reconstruction, upgrade existing and to construction of new production facilities;
graphics of scheduled preventive maintenance of the capital and service processing equipment and vehicles;
liquidation plan of accidents;
plan of interaction of services of the city for accident elimination;
plans of antiemergency trainings and educational alarms;
2) absence of the laboratory certified in the procedure established by the legislation of the Republic of Kazakhstan or the service agreement with accredited laboratory for control of compliance of products to standards, regulations and specifications;
3) lack of the agreement of compulsory liability insurance of owners of objects;
4) lack of subscriber accounting of the consumers acquiring the liquefied oil gas in household cylinders;
5) lack of marking of household cylinders trademark of the gas-network organization or owner of gas-filling Item;
6) implementation of retail sale of the liquefied oil gas without the relevant agreement.
12. Treat considerable violations of the gas-distributing organization:
1) non-presentation of the commercial offer to the national operator in case of intention to make alienation of object of single system of supply with commodity gas, shares in the right of common property to object of single system of supply with commodity gas and (or) the block of shares (share) of the legal entity - the owner of object of single system of supply with commodity gas;
2) non-compliance with the established marginal prices of wholesale of commodity gas in the domestic market;
3) absence of emergency and dispatching service.
13. Treat insignificant violations of the gas-distributing organization:
1) non-presentation of data on realization of commodity gas;
2) non-presentation of data on transportation of commodity gas;
3) lack of survey meters of accounting.
14. Treat considerable violations of the gas transmission organization:
1) non-presentation of the commercial offer to the national operator in case of intention to make alienation of object of single system of supply with commodity gas, shares in the right of common property to object of single system of supply with commodity gas and (or) the block of shares (share) of the legal entity - the owner of object of single system of supply with commodity gas;
2) operation of the same connecting, trunk gas pipelines and storages of commodity gas by two and more gas transmission organizations;
3) absence of emergency and dispatching service.
15. Treat insignificant violations of the gas transmission organization:
1) non-presentation of data on transportation and storage of commodity gas;
2) lack of survey meters of accounting.
16. For each committed violation the following points are appropriated to the checked subject:
for one considerable violation - two points;
for one insignificant violation - one point.
17. The checked subjects by subjective criteria are distributed depending on type and the number of committed violations.
By results of check quantity gathered by the checked subject of points are summed up.
The checked subjects which are entering into group of insignificant risk degree gained more than 4 points during the checked period are transferred to group of average risk degree.
The checked subjects which are entering into group of average risk degree gained more than 4 points during the checked period are transferred to group of high risk.
The checked subjects which are entering into group of high risk gained no more than 2 points during the checked period are transferred to group of average risk degree.
The checked subjects which are entering into group of average risk degree gained no more than 3 points during the checked period are transferred to group of insignificant risk degree.
18. The checked subjects in one risk group join in the plan of checks:
taking into account date of the last check;
the number of the violations revealed in case of the last check.
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The document ceased to be valid since September 13, 2015 according to Item 2 of the joint Order of the Minister of Energy of the Republic of Kazakhstan and the Acting Minister of national economy of the Republic of Kazakhstan of June 26, 2015 No. 441, on June 30, 2015 No. 483