of December 14, 2022 No. 76
About approval of the Regulations on procedure for conducting examination of compliance of opportunities of the license applicant to dolitsenzionny requirements, the licensee to licensed requirements in the field of industrial safety
Based on subitem 1.2 of Item 1 of article 12 of the Law of the Republic of Belarus of October 14, 2022 No. 213-Z "About licensing", subitem 9.4 of Item 9 of the Regulations on the Ministry of Emergency Situations of the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of November 14, 2022 No. 405, the Ministry of Emergency Situations of the Republic of Belarus DECIDES:
1. Approve Regulations on procedure for conducting examination of compliance of opportunities of the license applicant to dolitsenzionny requirements, the licensee to licensed requirements in the field of industrial safety it (is applied).
2. This resolution becomes effective since January 1, 2023.
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Minister |
V. I. Sinyavsky |
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It is approved Ministry of Economics of the Republic of Belarus |
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Approved by the Resolution of the Ministry of Emergency Situations of the Republic of Belarus of December 14, 2022 No. 76
1. This Provision determines procedure for conducting examination of compliance of opportunities of the license applicant to dolitsenzionny requirements, the licensee to licensed requirements in the field of industrial safety.
2. For the purposes of this provision the terms "dolitsenzionny requirements", "licensee", "licensed requirements", "license applicant", "examination of compliance of opportunities of the license applicant to dolitsenzionny requirements, licensee to licensed requirements" are used in the values established respectively in paragraphs four, the sixth, the seventh, fourteenth and fifteenth article 1 of the Law of the Republic of Belarus "About licensing".
3. Examination of compliance of opportunities of the license applicant to dolitsenzionny requirements (further, unless otherwise specified, – expertize of the license applicant) is carried out before decision making about provision, about refusal in provision of the license, about change, about refusal in change of the license regarding inclusion in it of data on separate divisions, extension of the list of the works and (or) services constituting the licensed type of activity.
4. Examination of compliance of opportunities of the licensee to licensed requirements (further, unless otherwise specified, – expertize of the licensee) is carried out before decision making about change of the license in the cases provided by Item part one 2, Items 3 and 4, part two of Item 5 of article 24 of the Law of the Republic of Belarus "About licensing".
5. Examination of compliance of opportunities of the licensee to licensed requirements (for the works and (or) services constituting the licensed type of activity, the specified in paragraphs three and the fourth subitem 2.2 of Item 2 of article 86 of the Law of the Republic of Belarus "About licensing") (further – expertize for confirmation of the license) is carried out by Department on supervision of safe operation in the industry of the Ministry of Emergency Situations (further – the Gospromnadzor) at least once in three years for confirmation by the licensee of the licensed requirements specified in paragraph four of article 90 of the Law of the Republic of Belarus "About licensing".
6. Examination of the license applicant, examination of the licensee, examination for confirmation of the license (further – examination), is carried out by the Gospromnadzor.
7. For conducting examination between Gospromnadzor and the license applicant, the licensee the agreement on its carrying out containing the data specified in part two of item 4 of article 31 of the Law of the Republic of Belarus "About licensing" is signed.
8. Expertize is carried out regarding compliance of opportunities of the license applicant to the dolitsenzionny requirements established in article 89 of the Law of the Republic of Belarus "About licensing", the licensee to licensed requirements, established in article 90 of the Law of the Republic of Belarus "About licensing".
9. Expertize is carried out with departure on the location of the license applicant, licensee, its divisions which plan implementation (are performed) the works and (or) services constituting the licensed type of activity in the field of industrial safety, including on the location of technical production base, laboratory, for the purpose of studying, the analysis and assessment of the accuracy of the information specified by the license applicant, the licensee in provided (including during conducting examination) the documents and (or) data necessary for decision making concerning licensing, readiness of the license applicant, the licensee for implementation of the licensed type of activity in the field of industrial safety. Also when conducting examination the condition of technical production base is estimated, its availability makes sure.
10. When conducting examination of the licensee and examination for confirmation of the license studying of documents and data, sampling analysis of the works performed by the licensee and (or) the rendered services constituting the licensed type of activity in the field of industrial safety regarding performance of works, rendering services by the workers (technical leads, specialists, workers) of the licensee having qualification for implementation of the licensed type of activity, who had training and examination concerning industrial safety according to the procedure and the cases established by the Ministry of Emergency Situations according to the paragraph third article 90 of the Law of the Republic of Belarus "About licensing" is performed.
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