New regulations on licensing of operation of explosion and chemical hazard production facilities

16.08.2013

Legal Update No. 428, 16 August 2013

Goltsblat BLP advises that the Regulations on licensing of operation of explosion and chemical hazard production facilities of hazard classes I, II and III (the Regulations) came into effect on 1 July 20131. Approval of these Regulations was entailed by a substantial amendment to the regulation of industrial safety in accordance with Federal Law No. 22-FZ of 04 March 2013 “On amendment of the Federal Law ‘On industrial safety of hazardous production facilities’, certain legislative acts of the Russian Federation…”2.

Let us recall that, by law, hazardous production facilities are subdivided into four hazard classes: from IV to I in ascending scope of the hazard. Moreover, from 1 July 2013:

  • separate licensing was abolished of operation of explosion hazard production facilities and chemical hazard production facilities. The procedure has now been unified;
  • In addition, licences granted before 1 July 2013 to operate explosion hazard production facilities and licences to operate chemical hazard production facilities remain in effect and entitle the licensees to operate both explosion hazard production facilities and chemical hazard production facilities of hazard classes I, II and III in accordance with the list of works specified in the given licences;
  • Hazard class IV facilities may be operated without a licence.

Under the new Regulations, Rostekhnadzor retains its licensing powers.

The Regulations list the works carried out at explosion and chemical hazard production facilities of hazard classes I, II and III and subject to licensing. The works carried out at the facilities do not include receipt, use, processing, storage, transportation or destruction of industrial explosives. The list of licensing requirements and the requirements on licence applicants has been revised, as has the list of gross violations of the licensing requirements.

The Regulations supersede the previous regulations on licensing of operation of explosion hazard3 and chemical hazard4 production facilities.

If you have any questions or require additional information, please contact Vitaly Mozharowski, Partner, Real Estate and Construction Practice, Goltsblat BLP, by tel.: +7 495 287 44 44, or e-mail: Vitaly.Mozharowski@gblplaw.com; or Yuri Chernobrivtsev, Partner, Real Estate and Construction Practice, Goltsblat BLP, by tel.: +7 495 287 44 44, or e-mail: Yuri.Chernobrivtsev@gblplaw.com; or Ekaterina Verle, Head of Group, Real Estate and Construction Practice, Goltsblat BLP by tel.: +7 495 287 44 44, or e-mail: Ekaterina.Verle@gblplaw.com.


1 Resolution of the Government of the Russian Federation No. 492 of 10 June 2013.

2 We set out the essence of the amendments in Legal Update No. 411 of 15 March 2013.

3 Resolution of the Government of the Russian Federation No. 454 of 5 May 2012.

4 Resolution of the Government of the Russian Federation No. 992 of 27 September 2012.

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