RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of October 25, 2022 No. 726

About sources of electrical and (or) heat energy

Based on Item 3 of the Presidential decree of the Republic of Belarus of August 6, 2014 No. 397 "About technology accession of electroinstallations", paragraph two of Item 2 of the Presidential decree of the Republic of Belarus of September 24, 2015 No. 400 "About entering of amendments and changes into presidential decrees of the Republic of Belarus", Item 6 of the Presidential decree of the Republic of Belarus of April 16, 2021 No. 153 "About development of power industry", parts fifteen of article 8 of the Law of the Republic of Belarus of December 16, 2002 No. 162-Z "About natural monopolies", parts two of article 28 of the Law of the Republic of Belarus of January 4, 2003 No. 176-Z "About gas supply", article 11 of the Law of the Republic of Belarus of July 23, 2008 No. 424-Z "About Council of Ministers of the Republic of Belarus", parts two of article 1 of the Law of the Republic of Belarus of May 30, 2022 No. 173-Z "On regulation of the relations in the field of use of renewable energy resources" DECIDES: Council of Ministers of the Republic of Belarus

1. Approve Regulations on approval of creation new, reconstruction, upgrades, technical upgrade of sources of electrical and (or) heat energy it (is applied).

2. Make changes to resolutions of Council of Ministers of the Republic of Belarus according to appendix.

3. This resolution becomes effective in month after its official publication.

Action of Item 1 of this resolution does not extend to creation new, reconstruction, upgrade, technical upgrade of sources of electrical and (or) heat energy concerning which before entry into force of this resolution allowing documentation on construction is received or the application for issue of allowing documentation is submitted for construction.

 

Appendix

to the Resolution of Council of Ministers of the Republic of Belarus of October 25, 2022 No. 726

The list of the changes made to resolutions of Council of Ministers of the Republic of Belarus

1. To state subitem 5.30-4 of Item 5 of the Regulations on the Department of Energy of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of October 31, 2001 No. 1595, in the following edition:

"5.30-4. approves in the procedure established by the legislation on ministerial procedures to the legal entities who are not part of the national production association of power industry of Belenergo and individual entrepreneurs creation new, reconstruction, upgrade, technical upgrade of sources of electrical energy and (or) sources of heat energy with a productivity of 500 kW and more, and also the procedure for development and the requirement to reasons for the choice of option electro-determines and (or) heat supplies of object;".

2. In the resolution of Council of Ministers of the Republic of Belarus of November 6, 2007 No. 1474 "About approval of the Regulations on procedure for establishment of conservation zones of objects of gas-distribution system, the sizes and the mode of their use":

2.1. state the name in the following edition:

"About conservation zones of objects of gas-distribution system, the sizes and the mode of their use";

2.2. to state preamble and Item 1 in the following edition:

"Based on part two of article 28 of the Law of the Republic of Belarus of January 4, 2003 "About gas supply" the Council of Ministers of the Republic of Belarus DECIDES: No. 176-Z

1. Approve Regulations on procedure for establishment of conservation zones of objects of gas-distribution system, the sizes and the mode of their use it (is applied).";

2.3. To be reworded as follows the regulations on procedure for establishment of conservation zones of objects of gas-distribution system, the sizes and the mode of their use approved by this resolution it (is applied).

3. In the resolution of Council of Ministers of the Republic of Belarus of October 17, 2011 No. 1394 "About approval of Rules of electric utility service":

3.1. state preamble in the following edition:

"Based on article 11 of the Law of the Republic of Belarus of July 23, 2008 "About Council of Ministers of the Republic of Belarus" and for the purpose of enhancement of state regulation in the field of electric utility service of consumers the Council of Ministers of the Republic of Belarus DECIDES: No. 424-Z";

3.2. in the Rules of electric utility service approved by this resolution:

to state subitem 1.3 of Item 1 in the following edition:

"1.3. procedure for accession of electroinstallations of consumers of electrical energy (capacity) to power networks, the organizations of settlement accounting of electrical energy (capacity), survey (admission) of the state energy and gas supervision by body (further – body of gosenergogaznadzor) electroinstallations of legal entities * and citizens, including individual entrepreneurs, for confirmation of possibility of their connection to power networks;";

in Item 3:

state subitem 3.4 in the following edition:

"3.4. the inspection report (admission) of electroinstallation – the document constituted by body of gosenergogaznadzor in the form determined by the Department of Energy;";

add Item with subitem 3.29-1 of the following content:

"3.29-1. the conservation zone of power network – the parcels of land (irrespective of category of lands) and air (water) space which directly adjoin to power network which borders are established along power network according to requirements of technical regulatory legal acts, obligatory for observance, other acts of the legislation in the field of power and are necessary for ensuring safe operation of power networks, exception of possibility of their damage and damnification of life, for health of citizens, property of legal entities and physical persons, including individual entrepreneurs;";

to exclude from subitem 3.53 of the word "on accession";

in item 4:

in part one:

to add the paragraph of the seventh with words ", and also the statement for receipt of the inspection report (admission) of electroinstallation (for legal entities and individual entrepreneurs)";

the ninth to state the paragraph in the following edition:

"show to body of gosenergogaznadzor to survey (admission) of electroinstallation for determination of possibility of their connection to power networks;";

the paragraph the tenth to add with words ", ASKUE – for the admission in trial operation";

the second after the word "statements" to add part with the words "about issue of specifications on accession and on connection of electroinstallations of the consumer to power network";

add Rules with Item 9-1 of the following content:

"9-1. For streamlining of land relations and providing the mode of use of conservation zones:

conservation zones without withdrawal and change of purpose of the parcels of land are established;

according to decisions of local executive and administrative organs restrictions (encumbrances) of the rights of land users for the parcels of land located in conservation zones are set. State registration of the parcels of land provided for construction and (or) servicing of objects, rights, restrictions (encumbrances) of the rights to them and also the objects located on the parcels of land is performed by the organizations for state registration of real estate, the rights to it and transactions with it;

the power supplying organizations have the right to require establishment of land easements according to the procedure, determined by the Code of the Republic of Belarus about the earth, including for ensuring laying and operation of power network, including ensuring pass and journey to power network.";

in paragraph four of subitem 13.2 of Item 13 of the word "new construction" shall be replaced with words "including new construction";

to state part one of Item 15 in the following edition:

"15. The statement for issue of specifications on accession shall contain data on the approval of creation issued by the Department of Energy new, reconstruction, upgrades, technical upgrade of sources of electrical energy with a productivity of 500 kW and more if it is supposed to attach such new, reconstructed, modernized, technically modernized sources of electrical energy to power network.";

add Rules with Items 31-31-3 of the following content:

"31. The interested legal entity or the individual entrepreneur in need of works in the conservation zone of power networks represents to the power supplying organization or to the owner of power network who is the legal entity:

the statement for receipt of permission to the works right in the conservation zone of power networks (further, unless otherwise specified, – the statement for works);

the project of works conforming to requirements of the legislation on architectural, town-planning and construction activities.

The power supplying organization or the owner of power network who is the legal entity considers the application for works and the project of works specified in part one of this Item and makes the decision on issue to the legal entity or the individual entrepreneur of permission to the works right in the conservation zone of power networks (further, unless otherwise specified, – permission) in the form determined by the power supplying organization or the owner of power network who is the legal entity, or of refusal in its issue (on refusal in implementation of ministerial procedure) in time, established in subitem 3.15.2 of Item 3.15 of the single list of the ministerial procedures performed concerning subjects of the managing approved by the resolution of Council of Ministers of the Republic of Belarus of September 24, 2021 No. 548.

In adoption of the statement for works refuses in the cases determined in article 17 of the Law of the Republic of Belarus "About bases of ministerial procedures" and also in case of:

discrepancy of this statement to the established form;

availability in this statement of the blank columns (lines) or slips, typographical errors and arithmetic mistakes influencing objectivity of adoption of the executive decision.

In implementation of ministerial procedure to the interested person refuses in the cases determined in article 25 of the Law of the Republic of Belarus "About bases of ministerial procedures" and also in case of:

obtaining by the power supplying organization or the owner of power network who is the legal entity, information on lack of state registration of the interested person as the legal entity or the individual entrepreneur;

works, attracting:

creation (device) in the conservation zone of power networks of capital structures (buildings, constructions), engineering communications or other objects;

threat of damage of power networks, damnifications of life, to health of citizens, property of legal entities and physical persons, including individual entrepreneurs.

The motivated refusal in adoption of the statement for works or in implementation of ministerial procedure (in issue of permission) with indication of legal basis of the made executive decision, the actual circumstances established in case of consideration of the application about works, procedure for appeal of the executive decision is drawn up by the power supplying organization or the owner of power network who is the legal entity on the application for works which is returned to the interested person.

Data on the statement for the works issued by the power supplying organization or the owner of power network who is the legal entity permission are entered in the register of statements for receipt of permission to the works right in the conservation zone of power networks which form is determined by the power supplying organization or the owner of power network who is the legal entity.

31-1. Permission:

31-1.1. it is constituted in duplicate in writing, one of which is handed (goes) to the interested person, and the second is stored at the power supplying organization or the owner of power network who is the legal entity within three years;

31-1.2. shall contain:

obligatory for observance (execution) in case of production repair, construction and earthwork of the requirement (condition) to production of such works;

permission effective period – before end date of works in the conservation zone of power networks specified by the interested person in the statement for works, but no more than three months.

The plan (scheme) of arrangement of power networks in zone of production repair, construction and earthwork according to the project of works specified in part one of Item 31 of these rules with obligatory binding to static objects on the area and taking into account the requirements and restrictions determined by the resolution of Council of Ministers of the Republic of Belarus of August 12, 2014 No. 783 "About the office information of limited distribution and information which is trade secret" is attached to permission.

31-2. The legal entities, individual entrepreneurs who got permission shall observe (to perform) the requirements (condition) of the power supplying organization or the owner of power network who is the legal entity to production specified in it repair, construction and earthwork in the conservation zone of power networks.

After permission effective period the interested person has the right to address according to the procedure, established by these rules, to the power supplying organization or to the owner of power network who is the legal entity behind receipt of new permission if the term of production repair, construction and earthwork exceeds three months.

31-3. In case of accidents accomplishment repair, construction both earthwork on the constructions and communications located in conservation zones of power networks it is allowed to make without the permission with the prior notice the power supplying organization or the owner of power network who is the legal entity, and in the presence of the representative of the power supplying organization or the owner of power network who is the legal entity and also with observance of the requirements determined in Item 53 of Rules of preparation of the organizations by heating season, its carrying out and the completion approved by the resolution of Council of Ministers of the Republic of Belarus of May 14, 2020 No. 286.";

to state the name of Chapter 4 in the following edition:

"CHAPTER 4. SURVEY (ADMISSION) OF ELECTROINSTALLATIONS OF LEGAL ENTITIES, INDIVIDUAL ENTREPRENEURS, CITIZENS FOR CONFIRMATION OF THE POSSIBILITY OF THEIR CONNECTION TO POWER NETWORKS";

state Item 41 in the following edition:

"41. The interested legal entity or the individual entrepreneur for receipt of the inspection report (admission) of electroinstallation represents to body of gosenergogaznadzor:

41.1. the statement for receipt of the inspection report (admission) of electroinstallation (further – the statement for receipt of the act);

41.2. data on the organization of operation of electroinstallation in the form determined by the Department of Energy;

41.3. the project documentation on object of electric utility service (electroinstallation) (with return), including copies of sheets of schematic diagrams of external and internal electric utility service, or in the absence of the project documentation on object of electric utility service (electroinstallation) in case of accession to power network of the electroinstallations which are earlier turned off from power network for more than three months and also for cause of the fire, accident, technology violations if it does not require accomplishment of reconstruction, upgrade or technical upgrade, capital repairs of electroinstallations, changes of category on reliability permitted to capacity utilization, accession points – set of the actual schemes of electric utility service (with return);

41.4. protocols of electrophysical measurements and testing (for the cases specified in subitem 41.6 of part one of this Item – in amount of completed work) (with return), including copies of the title page and the summary;

41.5. in case of accession to power network of electroinstallations of object of the electric utility service finished with construction, the reconstruction, capital repairs, including in case of change permitted to use of electric power on border of balance sheet accessory of power networks, points of accession, category on reliability of electric utility service:

set of executive documentation on electroinstallation (with return), including the copy of the act of technical readiness of electric installation work with appendices;

specifications on accession (with return);

the acceptance act of the equipment after complex approbation (for objects of production infrastructure) (with return);

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