FEDERAL LAW OF THE RUSSIAN FEDERATION

of March 4, 2013 No. 22-FZ

About introduction of amendments to the Federal law "About Industrial Safety of Hazardous Production Facilities", separate legal acts of the Russian Federation and about recognition voided the subitem 114 of Item 1 of Article 333.33 of part two of the Tax Code of the Russian Federation

Accepted by the State Duma on February 15, 2013

Approved by the Federation Council on February 20, 2013

Article 1

Bring in the Federal Law of July 21, 1997 No. 116-FZ "About industrial safety of hazardous production facilities" (The Russian Federation Code, 1997, No. 30, Art. 3588; 2000, No. 33, Art. 3348; 2003, No. 2, Art. 167; 2004, No. 35, Art. 3607; 2005, No. 19, Art. 1752; 2006, No. 52, Art. 5498; 2009, No. 1, Art. 17, 21; No. 52, Art. 6450; 2010, No. 30, Art. 4002; No. 31, Art. 4195, 4196; 2011, No. 27, Art. 3880; No. 30, Art. 4590, 4591, 4596; No. 49, Art. 7015, 7025; 2012, No. 26, Art. 3446) following changes:

1) in preamble:

a) the paragraph one after the word "further" to add with the word "also";

b) add paragraph two with the words "and in other territories over which the Russian Federation performs jurisdiction in accordance with the legislation of the Russian Federation and rules of international law";

2) in Article 1:

a) paragraph two after the words "further-industrial safety" to add with words ", safety of hazardous production facilities";

b) the fourth to state the paragraph in the following edition:

"incident - refusal or damage of the technical devices used on hazardous production facility, variation from the set mode of engineering procedure;";

c) add with paragraphs of the following content:

"auxiliary mine-rescue teams - the freelance rescue units created by the organizations operating hazardous production facilities on which mining operations, from number of persons employed of such organizations are conducted;

reasons for safety of hazardous production facility - the document containing data on results of risk assessment of accident on hazardous production facility and the related threat, condition of safe operation of hazardous production facility, the requirement to operation, capital repairs, preservation and liquidation of hazardous production facility;

management system industrial safety - complex of the interconnected organizational and technical actions performed by the organization operating hazardous production facilities for the purpose of the prevention of accidents and incidents on hazardous production facilities, localization and mitigation of consequences of such accidents;

modernization of hazardous production facility - the implementations of new technology, automation of hazardous production facility or its separate parts, upgrade or replacement of the technical devices used on hazardous production facility leading to change of engineering procedure on hazardous production facility.";

3) in Article 2:

a) in Item 2 the second offer to exclude;

b) add with Item 3 following of content:

"3. Hazardous production facilities depending on the level of potential danger of accidents on them for the vital interests of the personality and society are subdivided according to the criteria specified in appendix 2 to this Federal Law into four classes of danger:

The I class of danger - hazardous production facilities of extremely high danger;

The II class of danger - hazardous production facilities of high danger;

III class of danger - hazardous production facilities of average danger;

The IV class of danger - hazardous production facilities of low danger.";

c) add with item 4 of the following content:

"4. Assignment of class of danger to hazardous production facility is performed in case of its registration in the state register.";

d) add with Item 5 of the following content:

"5. The head of the organization operating hazardous production facilities bears responsibility for completeness and reliability of the data provided for registration in the state register of hazardous production facilities, in accordance with the legislation of the Russian Federation.";

Article 3 to add 4) with item 4 of the following content:

"4. If in case of operation, capital repairs, preservation or liquidation of hazardous production facility departure from the requirements of industrial safety established by federal regulations and rules of industrial safety, such requirements is required it is not enough and (or) they are not established, by person performing preparation of the project documentation on construction, reconstruction of hazardous production facility requirements of industrial safety to its operation, capital repairs, preservation and liquidation in reasons for safety of hazardous production facility can be established. Reasons for safety of hazardous production facility, and also changes made to reasons for safety of hazardous production facility are subject to examination of industrial safety. Application of reasons for safety of hazardous production facility without positive experimental testimonies of industrial safety of such reasons and changes made to it (in case of their availability) is not allowed.

Reasons for safety of hazardous production facility go the organization operating hazardous production facility to federal executive body in the field of industrial safety in case of registration of hazardous production facility in the state register. The changes made to reasons for safety of hazardous production facility go the organization operating hazardous production facility to federal executive body in the field of industrial safety within ten working days from the date of receipt of positive experimental testimony of industrial safety.";

Item 3 of Article 4 to state 5) in the following edition:

"3. Federal regulations and rules of industrial safety establish mandatory requirements to:

activities in the field of industrial safety, including to employees of hazardous production facilities;

safety of engineering procedures on hazardous production facilities, including to operations procedure in case of accident or incident on hazardous production facility;

to reasons for safety of hazardous production facility.

Federal regulations and rules of industrial safety are developed and affirm according to the procedure, established by the Government of the Russian Federation.";

Article 7 to state 6) in the following edition:

"Article 7. The technical devices used on hazardous production facility

1. Mandatory requirements to the technical devices used on hazardous production facility, and forms of assessment of their compliance to the specified mandatory requirements are established in accordance with the legislation of the Russian Federation about technical regulation.

2. If the technical regulation does not establish other form of assessment of conformity of the technical device used on hazardous production facility, to mandatory requirements to such technical device it is subject to examination of industrial safety:

prior to application on hazardous production facility;

after service life or in case of exceeding of quantity of the cycles of loading of such technical device established by his producer;

in case of absence in technical documentation of data on service life of such technical device if the actual term of its service exceeds twenty years;

after work, the bearing elements of such technical device, or recovery repair connected with change of design, material substitution after accident or incident on hazardous production facility as a result of which such technical device was damaged.

3. By federal regulations and rules of industrial safety opportunity, procedure and terms of pilot use of technical devices on hazardous production facility without expertize of industrial safety on condition of observance of parameters of engineering procedure from which variations can lead to accident on hazardous production facility can be provided.";

7) in Article 8:

a) in Item 1 in the third offer of the word "capital repairs" to exclude, in the fourth offer "state" to exclude the word, in the fifth offer of the word "capital repairs", and "state" to exclude the word;

b) in Item 2 in the third offer of the word "capital repairs", and the word "also are approved with federal executive body in the field of industrial safety or its territorial authority" to exclude;

c) Item 3.1 after the word of "objects" to add with words "to requirements of technical regulations and", words to "requirements of construction regulations, rules, standards and other regulating documents" to exclude;

8) in Item 1 of Article 9:

a) add with the new paragraph third the following content:

"observe requirements of reasons for safety of hazardous production facility (in cases, stipulated in Item 4 articles 3 of this Federal Law);";

b) add with the new paragraph the fourth the following content:

"ensure safety of pilot use of technical devices on hazardous production facility according to Item 3 of article 7 of this Federal Law;";

c) third to consider the paragraph the paragraph the fifth;

d) add with the new paragraph the sixth the following content:

"notify federal executive body in the field of industrial safety or its territorial authority on the beginning of implementation of specific type of activity in accordance with the legislation of the Russian Federation about protection of the rights of legal entities and individual entrepreneurs when implementing the state control (supervision) and municipal control;";

e) the fourth - the seventh to consider paragraphs respectively paragraphs the seventh - the tenth;

e) to consider the paragraph of the eighth the paragraph the eleventh;

g) add with the new paragraph the twelfth the following content:

"create management system industrial safety and provide its functioning in cases, stipulated in Clause the 11th this Federal Law;";

h) the ninth to consider the paragraph the paragraph the thirteenth;

i) the tenth to consider the paragraph the paragraph the fourteenth and its after the word of "buildings", to add with words "constructions and technical devices used on hazardous production facility";

j) the eleventh and twelfth to consider paragraphs respectively paragraphs the fifteenth and sixteenth;

k) the thirteenth to consider the paragraph the paragraph the seventeenth and to add it with the words "in cases, stipulated in Clause the 14th this Federal Law";

l) the fourteenth - twenty third to consider paragraphs respectively paragraphs the eighteenth - the twenty seventh;

9) in Article 10:

a) in paragraph one of the word "For the purpose of" shall be replaced with words "1. For the purpose of";

b) word in paragraph three "the legislation of the Russian Federation" shall be replaced with words "this Federal Law, other Federal Laws and other regulatory legal acts of the Russian Federation accepted according to them";

c) add with the new paragraph the fourth the following content:

"create on hazardous production facilities of I and II classes of danger on which mining operations, auxiliary mine-rescue teams according to the procedure, established by the federal executive body performing functions on development and realization of state policy, normative legal regulation in the field of civil defense, protection of the population and the territories from emergency situations are conducted;";

d) the fourth - the sixth to consider paragraphs respectively paragraphs the fifth - the seventh;

e) add with Item 2 following of content:

"2. Planning of actions for localization and mitigation of consequences of accidents on hazardous production facilities I, II and III classes of danger provided by Items 1, of 4, of the 5 and 6 appendix 1 to this Federal Law is performed by means of development and approval of actions plans on localization and mitigation of consequences of accidents on such hazardous production facilities. Procedure for plan development of actions for localization and mitigation of consequences of accidents on hazardous production facilities and requirements to contents of these plans are established by the Government of the Russian Federation.";

10) in Article 11:

a) state the name in the following edition:

"Article 11. Requirements to the organization of production control over observance of requirements of industrial safety and management of industrial safety";

b) state Item 2 in the following edition:

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