Order of the Government of the Russian Federation "About Licensing of Activities in the field of Hydrometeorology and Areas, Adjacent to It, and also..."

The document ceased to be valid according to the Order of the Government of the Russian Federation of December 30, 2011 No. 1216

ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of August 13, 2006 No. 497

About licensing of activities in the field of hydrometeorology and areas, adjacent to it, and also performance of works on active impact on hydrometeorological and geophysical processes and the phenomena

(as amended of the Order of the Government of the Russian Federation of 21.04.2010 No. 268)

According to the Federal Law "About Licensing of Separate Types of Activity" Government of the Russian Federation decides:

1. Approve enclosed:

Regulations on licensing of activities in the field of hydrometeorology and areas, adjacent to it;

Regulations on licensing of performance of works on active impact on hydrometeorological processes and the phenomena;

Regulations on licensing of performance of works on active impact on geophysical processes and the phenomena.

2. Recognize to invalid:

the order of the Government of the Russian Federation of May 20, 2002 N324 "About Licensing of Activities in the field of Hydrometeorology and in Areas, Adjacent to It, and also Works on Active Impact on Hydrometeorological and Geophysical Processes and the Phenomena" (The Russian Federation Code, 2002, N 21, the Art. 1997);

Item of 65 changes which are made to the resolutions of Council of Ministers of RSFSR, the Government of RSFSR and the Government of the Russian Federation concerning state registration of the legal entities approved by the order of the Government of the Russian Federation of October 3, 2002 N731 (The Russian Federation Code, 2002, N 41, by the Art. 3983);

Item of 112 changes which are made to acts of the Government of the Russian Federation, N49 approved by the order of the Government of the Russian Federation of February 1, 2005 (The Russian Federation Code, 2005, N 7, by the Art. 560).

Prime Minister

Russian Federation M. Fradkov

Approved by the order of the Government of the Russian Federation of August 13, 2006 No. 497

Regulations on licensing of activities in the field of hydrometeorology and areas, adjacent to it

1. This Provision determines procedure for licensing of activities in the field of hydrometeorology and areas, adjacent to it, performed by legal entities and (or) individual entrepreneurs.

2. In this Provision activities in the field of hydrometeorology and areas, adjacent to it, are understood as the activities including:

determination of meteorological, climatological, hydrological, oceanologic, heliogeophysical and agrometeorological characteristics of the environment;

determination of level of pollution (including radioactive) atmospheric air, soils, water objects and near-earth space;

preparation and provision to consumers of prognostic, analytical and settlement information on state of environment, its pollution (including radioactive);

forming and maintaining databanks in the field of hydrometeorology and areas, adjacent to it.

3. Licensing of activities in the field of hydrometeorology and areas, adjacent to it, is performed by Federal Service for Hydrometeorology and Environmental Monitoring (daleelitsenziruyushchy body).

4. Licensed requirements and conditions when implementing activities in the field of hydrometeorology and areas, adjacent to it, are:

a) information transfer in the field of hydrometeorology and areas, adjacent to it, in Single state fund of data on condition of the surrounding environment, its pollution;

b) observance by the licensee of sales terms of activities of stationary and mobile Items of observations;

c) availability at the license applicant (licensee) of the equipment, devices and documentation necessary for implementation of activities in the field of hydrometeorology and areas, adjacent to it;

d) availability in staff of the license applicant (licensee) of the workers having professional education and length of service in the field of hydrometeorology and areas, adjacent to it (according to the requirements established by qualification characteristics on positions of employees of hydrometeorological service) at least 3 years;

e) availability at the individual entrepreneur - the license applicant (licensee) of professional education and length of service in the field of hydrometeorology and areas, adjacent to it (according to the requirements established by qualification characteristics on positions of employees of hydrometeorological service) at least 3 years;

e) other requirements established by the Federal Law "About Hydrometeorological Service" in the field of hydrometeorology and areas, adjacent to it.

5. Gross violations of licensed requirements and conditions when implementing activities in the field of hydrometeorology and areas, adjacent to it, are transfer by the licensee of information on state of environment, its pollution with violation of the procedure established by articles 9 and 16 of the Federal law "About Hydrometeorological Service" and also intentional misstatement of such information, its failure to provide or untimely provision in the licensing body if it creates threat of life, will entail the human victims and (or) creates conditions of emergence of emergency situation of technogenic nature, causing essential harm to the environment.

6. For receipt of license for activities in the field of hydrometeorology and areas, adjacent to it (further - the license) the license applicant submits the following documents to the licensing body:

a) the statement for provision of the license and documents (the copy of documents) specified in Item 1 of article 9 of the Federal law "About Licensing of Separate Types of Activity";

b) the list of the available equipments and devices necessary for performance of works in the field of hydrometeorology and areas, adjacent to it;

c) the list of the available regulating, methodical, technological and technical documentation used when implementing activities in the field of hydrometeorology and areas, adjacent to it;

d) copies of documents (diplomas, certificates and certificates) confirming qualification of the individual entrepreneur or the workers of the legal entity performing performance of works in the field of hydrometeorology and areas, adjacent to it;

e) copies of documents or statements certified in accordance with the established procedure from the documents confirming length of service of the individual entrepreneur or workers of the legal entity in the field of hydrometeorology and areas, adjacent to it.

7. Copies of documents, stipulated in Item the 6th this provision, not certified by the notary, are represented with presentation of the original.

8. Demand from the license applicant of submission of documents, not stipulated in Item the 6th this provision, it is not allowed.

9. The statement for provision of the license and documents attached to it are submitted by the license applicant to the licensing body directly or go the mailing (with the inventory of investment).

10. The licensing body performs completeness and reliability of the data containing in the documents submitted by the license applicant according to Item 6 of this provision, check of possibility of accomplishment by the license applicant of licensed requirements and conditions, and also check of observance by the licensee of licensed requirements and conditions when implementing activities in the field of hydrometeorology and areas, adjacent to it.

If application is issued according to the requirements established by the Federal Law "About Licensing of Separate Types of Activity", and as a part of the documents enclosed to the application there are no documents, stipulated in Item the 6th this provision, to the license applicant goes the copy of the inventory of the submitted documents with the notification on need of submission of missing documents (is handed).

Check of completeness and reliability of the specified data is carried out by their comparison to the data containing in the Unified State Register of Legal Entities or the Unified State Register of Private Entrepreneurs, and also in the Unified register of the issued certificates of conformity.

The data containing in the Unified State Register of Legal Entities or the Unified State Register of Private Entrepreneurs are provided to the licensing body in accordance with the established procedure by the Federal Tax Service.

The data containing in the Unified register of the issued certificates of conformity are provided to the licensing body in accordance with the established procedure by Federal Agency for Technical Regulation and Metrology.

Check of possibility of accomplishment by the license applicant of licensed requirements and conditions is carried out by the licensing body according to the requirements established for the organization of checks by the Federal Law "About Protection of the Rights of Legal Entities and Individual Entrepreneurs when Implementing the State Control (Supervision) and Municipal Control".

11. The license is provided for 5 years. The validity of the license can be extended according to the procedure, provided for renewal of the license.

12. In case of loss the licensing body grants licenses its duplicate based on the written application of the licensee within 10 days from the date of receipt of the statement.

In case of need the licensing body issues the copy of the license certified by it based on the written application of the licensee within 7 days from the date of receipt of the statement.

13. Information relating to implementation of activities in the field of hydrometeorology and areas, adjacent to it, stipulated in Item 2 Articles 6 and Item 1 of article 14 of the Federal law "About Licensing of Separate Types of Activity" is placed the licensing body in official electronic or printing mass media, and also at information stands in premises of the licensing body within 10 days from date:

a) official publication of the regulatory legal acts establishing mandatory requirements to implementation of activities in the field of hydrometeorology and areas, adjacent to it;

b) acceptances by the licensing body of the decision on provision, renewal of the license, suspension, renewal or the termination of its action;

c) obtaining from the Federal Tax Service of data on liquidation of the legal entity or the termination of its activities as a result of reorganization, about the termination of activities by physical person as the individual entrepreneur;

d) introductions in legal force of the judgment about cancellation of the license.

14. The information access, specified in Item 13 of this provision, is free and non-paid.

15. Licensed control of observance by the licensee of licensed requirements and conditions is performed according to the Federal Law "About Protection of the Rights of Legal Entities and Individual Entrepreneurs when Implementing the State Control (Supervision) and Municipal Control".

16. Decision making about provision of the license (refusal in provision of the license), renewal of the document confirming license availability (refusal in renewal of this document), prolongation of effective period, suspension and renewal of action of the license, cancellation of the license, maintaining the register of licenses, provision of the duplicate or copy of the document confirming license availability, and also provision of information from the register of licenses are performed according to the Federal Law "About Licensing of Separate Types of Activity".

17. Collection of the state fee for implementation of the actions connected with licensing is made according to the procedure, established by the legislation of the Russian Federation on taxes and fees and the Federal Law "About Licensing of Separate Types of Activity".

Utverzhedno the order of the Government of the Russian Federation of August 13, 2006 No. 497

Regulations on licensing of performance of works on active impact on hydrometeorological processes and the phenomena

1. This Provision determines procedure for licensing of performance of works by active impact on hydrometeorological processes and the phenomena, performed by legal entities.

2. In this Provision performance of works on active impact on hydrometeorological processes and the phenomena is understood as the activities for protection of agricultural plants against hailstorm, regulation of rainfall, dispersion of fogs (further - works on active impact) performed for the purpose of regulation of such processes and the phenomena, and also reduction of the possible harm done by them to the population and economy.

3. Licensing of performance of works on active impact is performed by Federal Service for Hydrometeorology and Environmental Monitoring (further - the licensing body).

4. Licensed requirements and conditions in case of performance of works on active impact are:

a) observance of procedure for acquisition, storage and use of means of active impact;

b) availability at the license applicant (licensee) on the property right or other legal cause of means of active impact (the equipment, reagents and devices) for performance of works on active impact;

c) obligation of the notification on the beginning of performance of works on active impact;

d) availability in staff of the license applicant (licensee) of the workers having professional education and length of service in the field of performance of works on active impact (according to the requirements established by qualification characteristics on positions of employees of hydrometeorological service) at least 3 years.

5. Gross violation of licensed requirements and conditions in case of performance of works on active impact is violation of procedure for acquisition, storage and use of means of active impact in case of work on active impact if it creates threat of life, will entail the human victims and (or) creates conditions of emergence of emergency situation of technogenic nature, causing essential harm to the environment.

6. For receipt of the license for performance of works on active impact (further - the license) the license applicant submits the following documents to the licensing body:

a) the statement for provision of the license and documents (the copy of documents) specified in Item 1 of article 9 of the Federal law "About Licensing of Separate Types of Activity";

b) the list of the available equipments and devices necessary for performance of works on active impact;

c) the list of the available regulating, methodical, technological and technical documentation used in case of performance of works on active impact;

d) copies of documents (diplomas, certificates and certificates) confirming qualification of the workers of the legal entity performing performance of works on active impact;

e) copies of documents or statements certified in accordance with the established procedure from the documents confirming availability at workers of the legal entity of length of service in the field of performance of works on active impact.

7. Copies of documents, stipulated in Item the 6th this provision, not certified by the notary, are represented with presentation of the original.

8. Demand from the license applicant of submission of documents, not stipulated in Item the 6th this provision, it is not allowed.

9. The statement for provision of the license and documents attached to it are submitted by the license applicant to the licensing body directly or go the mailing (with the inventory of investment).

10. The licensing body performs completeness and reliability of the data containing in the documents submitted by the license applicant according to Item 6 of this provision, check of possibility of accomplishment by the license applicant of licensed requirements and conditions, and also check of observance by the licensee of licensed requirements and conditions in case of performance of works on active impact.

If application is issued according to the requirements established by the Federal Law "About Licensing of Separate Types of Activity", and as a part of the documents enclosed to the application there are no documents, stipulated in Item the 6th this provision, to the license applicant goes the copy of the inventory of the submitted documents with the notification on need of submission of missing documents (is handed).

Check of completeness and reliability of the specified data is carried out by their comparison to the data containing in the Unified State Register of Legal Entities and the Unified register of the issued certificates of conformity.

The data containing in the Unified State Register of Legal Entities are provided to the licensing body in accordance with the established procedure by the Federal Tax Service.

The data containing in the Unified register of the issued certificates of conformity are provided to the licensing body in accordance with the established procedure by Federal Agency for Technical Regulation and Metrology.

Check of possibility of accomplishment by the license applicant of licensed requirements and conditions is carried out by the licensing body according to the requirements established for the organization of checks by the Federal Law "About Protection of the Rights of Legal Entities and Individual Entrepreneurs when Implementing the State Control (Supervision) and Municipal Control".

11. The license is provided for 5 years. The validity of the license can be extended according to the procedure, provided for renewal of the license.

12. In case of loss the licensing body grants licenses its duplicate based on the written application of the licensee within 10 days from the date of receipt of the statement.

In case of need the licensing body issues the copy of the license certified by it based on the written application of the licensee within 7 days from the date of receipt of the statement.

13. Information relating to performance of works on active impact, stipulated in Item 2 Articles 6 and Item 1 of article 14 of the Federal law "About Licensing of Separate Types of Activity" is placed the licensing body in official electronic or printing mass media, and also at information stands in premises of the licensing body within 10 days from date:

a) official publication of the regulatory legal acts establishing mandatory requirements to performance of works on active impact;

b) acceptances by the licensing body of the decision on provision, renewal of the license, suspension, renewal or the termination of its action;

c) obtaining from the Federal Tax Service of data on liquidation of the legal entity or the termination of its activities as a result of reorganization;

d) introductions in legal force of the judgment about cancellation of the license.

14. The information access, specified in Item 13 of this provision, is free and non-paid.

15. Licensed control of observance by the licensee of licensed requirements and conditions is performed according to the Federal Law "About Protection of the Rights of Legal Entities and Individual Entrepreneurs when Implementing the State Control (Supervision) and Municipal Control".

16. Decision making about provision of the license (refusal in provision of the license), renewal of the document confirming license availability (refusal in renewal of this document), prolongation of effective period, suspension and renewal of action of the license, cancellation of the license, maintaining the register of licenses, provision of the duplicate or copy of the document confirming license availability, and also provision of information from the register of licenses are performed according to the Federal Law "About Licensing of Separate Types of Activity" .

17. Collection of the state fee for implementation of the actions connected with licensing is made according to the procedure, established by the legislation of the Russian Federation on taxes and fees and the Federal Law "About Licensing of Separate Types of Activity".

Approved by the order of the Government of the Russian Federation of August 13, 2006 No. 497

Regulations on licensing of performance of works on active impact on geophysical processes and the phenomena

1. This Provision determines procedure for licensing of performance of works by active impact on geophysical processes and the phenomena, performed by legal entities.

2. In this Provision performance of works on active impact on geophysical processes and the phenomena is understood as the activities for precautionary descent of avalanches, regulation of electric activity of the atmosphere, change of electromagnetic and other properties of average and upper layers of the atmosphere (further - works on active impact) performed for the purpose of regulation of such processes and the phenomena, and also reduction of the possible harm done by them to the population and economy.