PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of April 5, 2021 No. 137

On regulation of activities in the field of use of atomic energy and sources of ionizing radiation

For the purpose of enhancement of licensing of activities in the field of use of atomic energy and sources of ionizing radiation, and also taking measures to maintenance of proper level of nuclear and radiation safety I decide:

1. Approve Regulations on licensing of activities in the field of use of atomic energy and sources of ionizing radiation it (is applied).

2. Determine that:

2.1. the legal entities of the Republic of Belarus, foreign legal entities and the foreign organizations performing activities in the field of use of atomic energy and sources of ionizing radiation based on special permissions (licenses) for the right of implementation of activities in the field of use of atomic energy and sources of ionizing radiation (further - licenses) issued before entry into force of this Decree shall within six months from the date of entry into force of this Decree:

provide accomplishment of the licensed requirements and conditions provided in Regulations on the licensing of activities in the field of use of atomic energy and sources of ionizing radiation approved by this Decree;

make changes in the license.

In case of non-compliance with the requirements provided in part one of this subitem, the activities performed by licensees in the field of use of atomic energy and sources of ionizing radiation shall be suspended by them and can be resumed after modification of licenses according to this Decree;

2.2. the legal entities of the Republic of Belarus, foreign legal entities and the foreign organizations on the date of entry into force of this Decree performing works and (or) the rendering services, who are constituting activities in the field of use of atomic energy and sources of ionizing radiation, not being subject to licensing according to acts of the legislation before entry into force of this Decree and subject to licensing according to this Decree having the right within six months from the date of entry into force of this Decree to perform such works and (or) to render such services without licenses or modification of licenses.

In case of intention further to perform these works and (or) to render these services specified persons shall obtain licenses or address for introduction of changes in them according to this Decree;

2.3. circulation periods behind modification of licenses according to the paragraph to third part one of subitem 2.1 of this Item are determined by Department by nuclear and radiation safety of the Ministry of Emergency Situations (further - Gosatomnadzor) according to the schedule approved by it.

For modification of the licenses granted before entry into force of this Decree, the legal entities of the Republic of Belarus, foreign legal entities and the foreign organizations having such licenses shall in time, established according to the schedule specified in part one of this subitem to address to Gosatomnadzor and to provide information on accomplishment of the licensed requirements and conditions provided in Regulations on the licensing of activities in the field of use of atomic energy and sources of ionizing radiation approved by this Decree;

2.4. the forms of licenses made before entry into force of this Decree are used on condition of entering of data into them according to this Decree;

2.5. the state fee for modification of licenses according to subitem 2.3 of this Item is not collected;

2.6. accomplishment by employees of the operating organization of works when implementing activities in the field of use of atomic energy according to the list of work types determined by Council of Ministers of the Republic of Belarus is performed in the presence at them permissions of Gosatomnadzor to the right of conducting the specified works.

The qualification requirements imposed to employees of the operating organization who shall get permissions to the right of conducting works when implementing activities in the field of use of atomic energy are established by the Ministry of Labour and Social Protection based on offers of state bodies in the field of safety when using atomic energy under which supervision the operating organizations are, and approved with bodies of state regulation in the field of safety when using atomic energy.

The list of medical contraindications to accomplishment of certain work types when implementing activities in the field of use of atomic energy, and also the requirement to performing medical examinations and psychophysiological inspections are established by the Ministry of Health;

2.7. carrying out within the procedure of licensing of activities in the field of use of atomic energy and sources of ionizing radiation of examination of safety in the field of use of atomic energy and sources of ionizing radiation (further – safety examination) for the operating organizations at the expense of their own means is performed by the public scientific technical institution "Center for Nuclear and Radiation Safety" (further – the Center for nuclear and radiation safety).

Requirements of the legislation on purchases at the expense of own means do not extend to acquisition by the operating organizations of the services in conducting examination of safety performed by the Center for nuclear and radiation safety.

The center for nuclear and radiation safety can involve in conducting examination of safety on contractual basis of the legal entities giving scientific and technical support in area of ensuring nuclear and radiation safety, the experts included in the register of experts in the field of ensuring nuclear and radiation safety for preparation of the complex and high-quality expert opinion.

Acquisition of job (services) on contractual basis according to part three of this subitem at the expense of means got by the Center for nuclear and radiation safety from the activities which are bringing in incomes can be performed using procurement procedure from one source.

3. Make changes to presidential decrees of the Republic of Belarus (appendix).

4. In six-months time to provide to Council of Ministers of the Republic of Belarus reduction of acts of the legislation in compliance with this Decree and to take other measures for its realization.

5. This Decree becomes effective in the following procedure:

Items 1-3 - in six months after official publication of this Decree;

other provisions of this Decree - after its official publication.

Appendix

to the Presidential decree of the Republic of Belarus of 5.04.2021 No. 137

The list of the changes made to presidential decrees of the Republic of Belarus

1. In the Single legal qualifier of the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of January 4, 1999 No. 1:

11 to add line item with words ", about nuclear and radiation safety";

11.01.10.00 to exclude line item;

add the Single legal qualifier of the Republic of Belarus with line items of the following content:

11.19.00 to add line item with words ", about nuclear and radiation safety".

2. The twenty fourth Item 23 of the Presidential decree of the Republic of Belarus of October 16, 2009 "About enhancement of control (supervising) activities in the Republic of Belarus" to state the paragraph to No. 510 in the following edition:

"the state supervision in the field of ensuring nuclear and radiation safety, control over the implementation by licensees of the legislation on licensing, licensed requirements and conditions of implementation of activities in the field of use of atomic energy and sources of ionizing radiation, including special licensed requirements and conditions;".

3. Ceased to be valid according to the Presidential decree of the Republic of Belarus of 22.06.2023 No. 178

Approved by the Presidential decree of the Republic of Belarus of April 5, 2021 No. 137

Regulations on licensing of activities in the field of use of atomic energy and sources of ionizing radiation

Chapter 1. General provisions

1. This Provision governs the relations in the field of licensing of activities in the field of use of atomic energy and sources of ionizing radiation (further if other is not established, - the licensed activities).

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