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REPORTING FORMAT ON

IMPLEMENTATION OF THE UNECE CONVENTION ON THE
TRANSBOUNDARY EFFECTS OF INDUSTRIAL ACCIDENTS

7th Report (2012-2013)

Whenever indicated, please provide replies from the previous reporting round (2010-2011) before inserting the update for the current reporting round (2012-2013)

Country:THE REPUBLIC OF KAZAKHSTAN

Person responsible for reporting – please provide the contact details of the person who coordinated this report:

Full name: / Is the person a Focal Point for the
Convention?
YES NO[1] [I-A]
Organization / Ministry of Environmental Protection of the Republic of Kazakhstan (MEP) / Is this organization designated as a
Competent Authority in accordance with the §17 of the Convention?
YESNO [I-B]
E-mail
Phone number:

[I-C] Cooperation – please list the organizations at national, regional and local level

involved in implementing the Convention, indicate their areas of responsibility and check if designated Competent Authority.

Name of organization / Area of responsibility / Competent Authority
The Ministry for Emergency Situations of the Republic of Kazakhstan (MES) / YES NO n.a.
The Ministry of Environmental Protection of the Republic of Kazakhstan (MEP) / YESNO n.a.
The Republican Crisis Centre of the Ministry for Emergency Situations of the Republic of Kazakhstan / YES NO n.a.
YESNO n.a.

Add rows if needed.

[I-D] How were these organizations involved in the preparation of this report?

Reply from reporting round 2010-2011

The Ministry of Environmental Protection of the Republic of Kazakhstan has prepared a report within its competence and has submitted it for approval and addition to the Ministry for Emergency Situations of the Republic of Kazakhstan.

Reply from reporting round 2012-2013

Answers to the questions found below should not require more than 250-300 words except for Q.1 to which a comprehensive answer is estimated at 1,000-1,200 words.

POLICY FOR IMPLEMENTATION OF THE CONVENTION

Provide a general description of your country’s policy for prevention of, preparedness for and response to industrial accidents, especially relating to the implementation of the Convention and explain how this policy is reflected in national legislation and followed up by public authorities.

Reply from reporting round 2010-2011

September 15, 2011 the Heads of Kazakhstan and Russia took part in the VIII Forum of Interregional Cooperation between Kazakhstan and Russia in Astrakhan.

The main subject of the forum was "The joint response to emergency situations of transboundary effect". As a result of the forum a number of joint documents were signed. Amongst them is the intergovernmental agreement on the establishment of a transboundary reserve "Altai".

The President noted that one of the priority areas of cooperation is the establishment of the joint monitoring and forecasting of emergency situations, including remote monitoring of territories from space.

In order to make proposals for ordering, revision and revocation of the sectoral legislation in the field of industrial safety by the Decree of the Prime Minister of the Republic of Kazakhstan as of February 12, 2008 N 34-P the working group on improvement of the regulations on industrial safety was established.

The State policy to meet the obligations within the Convention is implemented according to the legislation through the following documents:

The Law of the Republic of Kazakhstan as of April 3, 2002 № 314 "On Industrial Safety at Hazardous Production Facilities"

This law regulates the legal relations in the field of ensuring safe operation of hazardous production facilities and aims to prevent harmful effects from hazardous activities, resulting from accidents, incidents at hazardous production facilities, and its impact on staff, population, environment, as well as preparedness of organizations to localize and respond to accidents, incidents and their effect, guaranteed compensation of damages caused by accidents to individual and legal persons, the environment and the state.

The Law of the Republic of Kazakhstan as of July 5, 1996 № 19 "On Natural and Man-Induced Emergency Situations"

The given Law regulates the public relations in the Republic of Kazakhstan for the prevention of and response to emergency situations caused by natural disaster as well as anthropogenic impact.

The Law of the Republic of Kazakhstan as of March 27, 1997 № 87-1 "On the Rescue Services and the Status of Rescuers"

This Law regulates the public relations when organizing and operating the emergency services and units, formed to response to natural and man-induced emergencies, and stipulates the status of the rescuers.

The Law of the Republic of Kazakhstan as of May 26, 2008 № 34-IV "On Amendments and Addenda to Some Legislative Acts of the Republic of Kazakhstan on Prevention of and Response to Emergency Situations"

The List of regulations, necessary for implementation of the given Law, was approved by the Decree of the Prime Minister of the Republic of Kazakhstan as of July 11, 2008 N 184-p On implementation of the Law of the Republic of Kazakhstan as of May 26, 2008 "On amendments and addenda to some legislative acts of the Republic of Kazakhstan on prevention of and response to emergency situations".

The Law of the Republic of Kazakhstan as of June 15, 2004 № 563 "On amendments and addenda to some legislative acts of the Republic of Kazakhstan on prevention of and response to natural and man-induced emergency situations, and industrial safety"

The Strategic Plan of the Ministry for Emergency Situations of the Republic of Kazakhstan for 2010-2014. The Plan was approved by the Government of the Republic of Kazakhstan as of February 13, 2010 № 90.

The Strategic Plan of the MES is stamped as "For Official Use Only" and not publicly available.

The list of communications control centres of the state bodies, in cooperation with which shall be managed the communications networks in the event of natural and man-induced emergency situations. The List was approved by the Government of the Republic of Kazakhstan as of April 13, 2005 № 347.

The departments that will be Communication Control Centres of the government bodies on cooperation in the management of the communication networks in the event of natural and man-induced emergencies were defined in twenty-two state bodies.

The Classification of Natural and Man-Induced Emergency Situations.The Classification was approved by the Decree of the Government of the Republic of Kazakhstan as of 13 December 2004 № 1310.

The criteria have been developed for the classification of natural and man-induced emergency situations as unit, local, regional and global.

The Rules of Use of Communications, Transport, Property and Other Tangible Assets of the Organizations Situated in the Emergency Situations to Rescue People. The rules was approved by the Decree of the Government of the Republic of Kazakhstan as of August 27, 2003 № 875.

These rules define how the rescuers shall use the communications, transport, property and other tangible assets of organizations situated in emergency situations.

The communications, transport, property and other tangible assets are used during the search-and-rescue, emergency and urgent works only to save people and in the event of emergency.

The Level of Protection of Objects and Territories from Emergency Situations. The Level was approved by the Government of the Republic of Kazakhstan as of April 16, 2003 № 363.

This level of protection of objects and territories from emergency situations defines the requirements for protection of objects and territories from emergency situations.

The level of protection of objects and territories from emergency situations should be understood as the ability (possibility) of objects and territories to ensure the protection of facility staff, population and tangible assets, as well as implementation of reconstruction work in conditions of natural and man-induced emergency situations.

The Regulations on Notification, Advocacy of Knowledge, Training of Public and Professionals in the Field of Emergency Situations.The regulations were approved by the Decree of the Government of the Republic of Kazakhstan as of January 17, 2003 № 50.

The Rules on Investigating the Causes of Accidents and Disasters that Led to Natural and Man-Induced Emergency Situations. The Rules were approved by the Decree of the Government of the Republic of Kazakhstan as of 24 December 2002 № 1351

The investigation of natural and man-induced emergency situations aims to identify the causes and outline the measures to respond to their effects, to develop the necessary measures to prevent them and to determine the damage.

The List of Organizations with an Increased Risk of Emergencies.The list was approved by the Government of the Republic of Kazakhstan as of January 20, 2001 № 89

The list was approved to prevent of and prepare for actions in emergency situations. The heads of the organizations included in the given list, shall submit to the Ministry for Emergency Situations of the Republic of Kazakhstan and the local executive bodies the Declarations of safety of industrial facilities under their jurisdiction.

In 2011, 520 enterprises with the risk potential for emergency situations were included in the list.

The State System of Prevention of and Response to Emergency Situations. The system was approved by the Decree of the Government of the Republic of Kazakhstan as of August 28, 1997 № 1298, the most recently amended in 2008 (the Government of the Republic of Kazakhstan as of November 18, 2008 № 1068).

The state system of prevention of and response to emergency situations (SSES) is aimed to prevent the emergency situations (ES) in peacetime and wartime, and when they occur - to respond to them (it means the search-and-rescue, emergency and urgent works to respond to immediate danger to life and health of people, restoring essential services. Reconstruction of facilities and areas affected by emergencies is not a subject of responsibilities of SSES), to ensure the public safety, to protect the environment and to reduce the damage of facilities.

The structure of GSCHS:

- the authorized body in the field of natural and man-induced emergency situations with its territorial bodies and subordinate organizations;

- the central government and local executive bodies, organizations that provide prevention of and response to emergency situations, on issues within their competence.

Creation of an Emergency Medical Service of the Republic of Kazakhstan in Emergency Situations was approved by the Cabinet of Ministers of the Republic of Kazakhstan as of September 27, 1994 № 1068

An emergency medical service of the Republic of Kazakhstan in emergency situations was created in order to prevent of and respond to the public health consequences of natural and man-induced emergency situations and the further development of the Republican system on prevention and measures in emergency situations.

The Orders of the Ministries:

The Criteria for Assessing of Risks and Forms of Checklists for Private Enterprises in the Sphere of Fire and Industrial Safety and Civil Defence.The criteria were approved by the Joint Order of the Minister for Emergency Situations of the Republic of Kazakhstan as of February 11, 2011 № 45 and the Minister of Economic Development and Trade of the Republic of Kazakhstan as of February 17, 2011 № 39.

The criteria for assessing of risks in the sphere of private enterprise in the field of fire and industrial safety and Civil Defence (hereinafter - Criteria) were developed in accordance with the laws of the Republic of Kazakhstan "On Fire Safety", "On Industrial Safety of Hazardous Production Facilities", "On Civil Defence" and "On State Control and Supervision in the Republic of Kazakhstan".

The criteria are used in order to define and classify the risk potential of the organizations, the hazardous production facilities and technical equipment, bodies of the Civil Defence to provide the routine inspections.

The Rules of Industrial Safety in the Process of the Injection of Hydrocarbons Gases into Reservoirs of Hydrocarbon Deposits of the Republic of Kazakhstan. The rules were approved by the Order of the Minister of Energy and Mineral Resources of Kazakhstan on September 25, 2003 № 177. Amended in 2010 (the Order of the Acting Minister of Oil and Gas of the Republic of Kazakhstan of July 21, 2010 № 252).

The rules of industrial safety in the process of the injection of hydrocarbons gases into reservoirs of hydrocarbon deposits of the Republic of Kazakhstan were developed in accordance with the laws of the Republic of Kazakhstan "On Industrial Safety of Hazardous Production Facilities", "On Subsoil and Subsoil Use" and other regulations of the Republic of Kazakhstan, in order to prevent emergencies, to protect life and health of citizens, and the environment in the process of injection of hydrocarbon gases, including hydrogen sulphide-containing (hereinafter - HCG) in reservoirs, implementation of which is a prerequisite for the safe operation on the hydrocarbon deposits of Kazakhstan, located on land, sea and inland waters.

The Rules of Industrial Safety in the Process of Mining of Ore Deposits by Means of In-Situ Bore-Hole and Heap Leaching. The rules were approved by the Order of the Minister of Energy and Mineral Resources of Kazakhstan as of March 6, 2006 N 79. Amended in 2010 (the Order of the Minister of Energy and Mineral Resources of the Republic of Kazakhstan as of January 18, 2010 № 10).

The given rules of industrial safety in the process of mining of ore deposits by means of in-situ bore-hole and heap leaching are developed in accordance with the laws of the Republic of Kazakhstan "On Industrial Safety of Hazardous Production Facilities", "On the Occupational Safety and Health", "On Subsoil and Subsoil Use", "Sanitary and Epidemiology Welfare of Population" and other regulations of the Republic of Kazakhstan, in order to prevent emergencies, to protect the life and health of citizens, the environment in the process of mining of ore deposits.

The Rules of Industrial Safety in the Process of Underground Repair of Oil- and Gas Wells. The rules were approved by the Order of the Minister for Emergency Situations of the Republic of Kazakhstan as of July 25, 2008 № 132.

The given rules establish the technical standards, which define the requirements of industrial safety in underground repair of oil- and gas wells (searching, exploration, exploitation, delivery and observation).

The Rules of Development of Industrial Safety Declaration. The rules were approved by the Order of the Minister for Emergency Situations of the Republic of Kazakhstan as of May 29, 2007 № 88. These rules were developed to implement the Law of the Republic of Kazakhstan "On Industrial Safety of Hazardous Production Facilities" and are applicable to enterprises, institutions, organizations and other entities of all forms of property, having in its structure the facilities subject to compulsory declaration of industrial safety.

Mandatory declaration of industrial safety of the facilities is implemented in order to monitor compliance with security measures, assess the adequacy and effectiveness of activities for prevention of and response to man-induced emergencies.

The Rules on Procedure of Notification of Public and Organizations on the State of Industrial Safety.The rules were approved by the Order of the Minister for Emergency Situations of the Republic of Kazakhstan on March 30, 2006 № 79.

The given rules determine the procedure for informing the public and organizations on the state of industrial safety. The aim of informing people and organizations on the state of industrial safety is to minimize the effects of possible accidents on human being and environment, as well as in the event of accidents the mitigation of damage to material and cultural values and objects of household.

The Rules on Submission of Data Justifying the Existence of Natural and Man-Induced Emergency Situation, Activities for its Localization and Response to it, Estimation of Logistic, Financial and Human Resources. The rules were approved by the Order of the Minister for Emergency Situations of the Republic of Kazakhstan as of September 30, 2009 № 226. The rules were amended in 2011 (the Order of the Minister for Emergency Situations of the Republic of Kazakhstan as of May 5, 2011 № 184).

The rules on submission of data justifying the existence of natural and man-induced emergency situation, activities for its localization and response to it, estimation of logistic, financial and human resourcesare developed in accordance with the Rules on Budget Implementation and Cash Management Services, approved by the Government of the Republic of Kazakhstan dated 26 February 2009, № 220.

In the event of natural and man-induced emergency situations in the Republic of Kazakhstan an application for the allocation of money from the reserve of the Government of the Republic of Kazakhstan shall be considered by the central competent authority for emergency situations. Herewith the natural and man-induced emergency situation should be regional or global scale.

In the event of natural and man-induced emergency situations of the local scale the application for the allocation of money from the reserve of the relevant local executive body shall be considered by the regional (city of republican status, capital), competent authority for emergency situations or regional (city) Department of Finance.

The Manual on Organization of the Gas and Smoke Protection Service of the State Fire Service of the Ministry for Emergency Situations of the Republic of Kazakhstan. The manual was approved by the Order of the Minister for Emergency Situations of the Republic of Kazakhstan as of December 22, 2010 № 446.

The given manual on organization of the gas and smoke protection service of the State Fire Service of the Ministry for Emergency Situations of the Republic of Kazakhstan is the governing document that defines the purpose, order of organization and implementation of the gas and smoke protection service in the territorial government bodies, units of the fire service and the fire-technical educational institutions of the Ministry for Emergency Situations of the Republic of Kazakhstan.

The Instruction on Notification in the Event of Accident, Imminent Threats Thereof, or Response to Accident. The instruction was approved by the Order of the Minister for Emergency Situations of the Republic of Kazakhstan as of June 22, 2009 № 137. The instruction was registered in the Ministry of Justice of the Republic of Kazakhstan on July 27, 2009 № 5728.

The instruction on notification in the event of accident, imminent threats thereof, or response to accident defines a system of notification of the threats of accident, the accident or response to accident of natural and man-induced nature, containing information about the presence or possibility of cross-border effect of natural and man-induced emergency situation, and not ability to respond to the situation by their own forces and means.

Reply from reporting round 2012-2013

The state policy for fulfilment of commitments under the Convention is implemented by relevant legislative acts:

1)Law of the Republic of Kazakhstan of April 11, 2014 (# 188-V) on Civil Protection. The Law regulates legal relations in the sphere of ensuring safe operations of hazardous facilities and seeks to prevent adverse impacts of hazardous industrial factors emerging in the course of accidents at hazardous industrial sites on personnel, residents, and the environment;the Law regulates issues pertaining to: ensuring preparedness of organisations to containment and mitigation of accidents and their impacts;and guarantees for compensations for accidents-induced damages to physical persons, legal entities, the environment and the state. The Law also regulates public relations associated with organisation and operations of rescue services and units established for emergency response actions; and sets rescuers' status and their social insurance.