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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of April 25, 2011 No. 318

About approval of Rules of implementation of the state control (supervision) of observance of requirements of the legislation on energy saving and about increase in energy efficiency and about introduction of amendments to some acts of the Government of the Russian Federation

(as amended on 01-12-2021)

According to the Federal Law "About Energy Saving and about Increase in Energy Efficiency and about Modification of Separate Legal Acts of the Russian Federation" Government of the Russian Federation decides:

1. Approve enclosed:

Rules of implementation of the state control (supervision) of observance of requirements of the legislation on energy saving and about increase in energy efficiency;

changes which are made to acts of the Government of the Russian Federation.

2. This resolution becomes effective after 2 months from the date of its official publication.

 Russian Prime Minister

V. Putin

 

Rules of implementation of the state control (supervision) of observance of requirements of the legislation on energy saving and about increase in energy efficiency

1. These rules determine procedure federal executive bodies (further - monitoring bodies) the state control (supervision) of observance of requirements of the legislation on energy saving and about increase in energy efficiency (further - federal state control (supervision) by the organizations irrespective of their forms of business, their heads, officials and individual entrepreneurs.

2. Ceased to be valid compliance with the Order of the Government of the Russian Federation of 26.11.2012 No. 1229.

3. Federal state control (supervision) is exercised by the following federal executive bodies and their territorial authorities:

a) Federal Antimonopoly Service in case of control of compliance with law of the Russian Federation and other regulatory legal acts of the Russian Federation about order placement, and also federal state control (supervision) in the field of the prices (rates) regulated by the state:

for observance by the customer and authorized body of the requirement about order placement of deliveries of goods, performance of works, rendering services for the state or municipal needs according to requirements of energy efficiency of these goods, works, services, including behind availability in approved as the customer and authorized body of the auction documentation, documentation on public electronic auction, the tender documentation, notification on carrying out request for quotation or in the draft of the public or municipal contract developed by it, the civil agreement (in case of order placement at the single supplier (the contractor, the contractor)) requirements for energy efficiency imposed to the purchased goods, works, services for the state or municipal needs which shall conform to requirements for energy efficiency shown according to the legislation on energy saving and on increase in energy efficiency to goods, works, services on which order placement is performed for the state or municipal needs;

behind observance by the organizations obliged to perform activities for installation, replacement, operation of metering devices of the used energy resources, requirements about the conclusion and agreement performance about installation, replacement, operation of the specified devices, procedure for its conclusion, and also requirements about provision of offers on equipment by metering devices of the used energy resources;

behind observance by the organizations performing regulated types of activity, requirements about adoption of programs in the field of energy saving and increase in energy efficiency and requirements to these programs if the prices (rates) for goods, services of such organizations are regulated by Federal Antimonopoly Service;

b) Federal Service for the Oversight of Consumer Protection and Welfare when implementing federal state supervision in the field of consumer protection - behind observance of requirements about inclusion of information on class of energy efficiency of goods, other obligatory information on energy efficiency in the technical documentation attached to goods in its marking, drawing such information on its label, and also rules of inclusion (drawing) of such information;

c) Federal Service for Environmental, Technological and Nuclear Supervision:

when implementing federal state construction supervision - behind observance within the competence in case of construction, reconstruction of buildings, structures, constructions of requirements of energy efficiency, requirements about their equipment metering devices of the used energy resources;

when implementing within the competence of the state control (supervision):

behind observance by owners of non-residential buildings, structures, constructions in the course of their operation of requirements of energy efficiency imposed to such buildings, structures, constructions, requirements about their equipment by metering devices of the used energy resources;

behind observance by legal entities in whose authorized capital the share (contribution) of the Russian Federation, the subject of the Russian Federation, the municipality constitutes more than 50 percent and (or) concerning which the Russian Federation, the subject of the Russian Federation, the municipality have the right directly or indirectly to dispose of more than 50 percent of total quantity of the voices falling on voting shares (shares) constituting the authorized capital of such legal entities, state and municipal unitary enterprises, the public and local government offices, state-owned companies, the state corporations, and also legal entities whose property or more than 50 percent of shares or share in which authorized capital belongs to the state corporations, requirements about adoption of programs in the field of energy saving and increase in energy efficiency;

behind submission of the declaration on consumption of energy resources, observance of requirements to form of the specified declaration and to procedure for its representation;

d) ceased to be valid.

4. Provisions of the Federal Law "About Protection of the Rights of Legal Entities and Individual Entrepreneurs when Implementing the State Control (Supervision) and Municipal Control" (further - the Federal Law), other Federal Laws and the legislation on energy saving and increase in energy efficiency are applied to the relations connected with implementation of federal state control (supervision), the organization and conducting checks.

5. Federal state control (supervision) is exercised by means of the organization and conducting scheduled and unscheduled, documentary and exit inspections according to Articles 9 - 13 and 14 Federal Laws "About Protection of the Rights of Legal Entities and Individual Entrepreneurs when Implementing the State Control (Supervision) and Municipal Control", and also systematic observation, the analysis and forecasting of execution of mandatory requirements.

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