The government has clarified specific aspects of how certain permit regimes should be applied that were introduced in connection with the spread of COVID-19

Pepeliaev Group advises that Resolution No. 1580 of the Russian Government dated 1 October 2020 (“Resolution No. 1580”)[1], which establishes specific aspects of how permit regimes should be applied in the areas of industrial safety, the electric power industry and heat supply, came into force on 3 October 2020.

Resolution No. 1580 has amended Resolution No. 440 of the Russian Government “On extending the effect of permits and on other aspects of permit-granting activities in 2020” dated 3 April 2020 (“Resolution No. 440), adopted in order to support the economy in the conditions of the spread of the new coronavirus infection. About Resolution No. 440 we wrote earlier.

1. A time limit has been set for certain licences to be reissued

Please be reminded that the law “On the licensing of certain types of activity” requires that a licence that has been granted be reissued if the addresses change where the licensed activities are performed.[2]

In connection with the spread of the new coronavirus infection (COVID-19), the Russian Government has cancelled this requirement for the following parties:

• those operating hazard class I, II and III industrial facilities with explosion, fire and chemical hazards;
• those performing activities connected with the circulation of industrial explosives.[3]

Initially, no period was set during which activities of these types could be performed without a licence being reissued.

Resolution No. 1580 has established that it is permitted not to have the previously granted licences reissued (if the address has changed where the activities are performed) until 1 January 2022.

We should note that if the licensee applies for a licence to be reissued in connection with the change of the address where the licensed activities are performed before this date, the authorities of the Federal Service for the Supervision of Environment, Technology and Nuclear Management (abbreviated in Russian to “Rostechnadzor”) must reissue it.[4]

2. The timeframe for a new assessment of employees has been extended in certain areas

According to Resolution No. 1580[5], the timeframe for a new assessment of employees has been extended until 1 July 2021 in the following areas:

• industrial safety;
• safety of water development facilities;
• safety in the electric power sector.

At the same time, companies with employees whose assessments are expiring may send them for a new assessment to a regional assessment committee or to an assessment committee of the company at their own initiative.

Rostechnadzor has already announced that for the purposes of preventing mass gatherings of persons being appraised Rostechnadzor’s regional authorities will publish on their official websites[6] the recommended schedules for filing applications to hold a regular assessment.

3. Knowledge tests of occupational and other safety requirements have been postponed

Resolution No. 1580 also provides that until 1 July 2021 it will not be necessary to undergo knowledge tests of occupational and other safety requirements in order to perform work in electric installations and heating facilities.[7]

What to think about and what to do

Companies working in the areas specified above should remember that it is important to have licences reissued and employee assessments and knowledge tests taken on time. When the timeframes set in Resolution No. 1580 expire, a failure to perform these mandatory requirements will become a violation incurring liability in accordance with Russian laws, including significant fines.

Help from your adviser

Pepeliaev Group’s lawyers are ready to provide comprehensive legal support to companies regarding issues connected with legal regulation of the operation of hazardous industrial, energy and water development facilities, including regarding having the necessary licences reissued and the assessments and knowledge tests of employees.