Russia. Issue 15 November 2016

Appeal Mechanism Introduced for the Special Evaluation of Working Conditions (SOUT)

The Ministry of Labour and Social Protection of Russia (MinTrud) defined the practices to solve disagreements arising from the results of the special evaluation of working conditions (SOUT). Employees, employee unions, employers, employer unions, insurers, and organisations performing SOUT may submit an appeal against the results of any SOUT. The appeal service provides the final judgement on the disagreements, and this decision is binding for all parties.

In order to use the appeal mechanism, the applicant must provides their reasons for the disagreement with the SOUT results, together with necessary documentation attached in electronic or paper form. Processing of the request shall not take longer than 45 business days, though it might be extended for up to 90 days in certain cases.

Law: Order of the Ministry of Labour and Social Protection of Russia (Mintrud) N 350n of 8 July 2016 on Introducing Administrative Regulation on a Service of the Mintrud on Appellations Proceeding Practices for Employment Conditions Quality Examinations by Employees, Employee Unions, Employers, Employer Unions, Insurers, and Organisations Running Employment Conditions Examinations.

The list of “technically complex” products for which special consumer protection requirements apply, has been extended

Electric hand tools and machinery have been included into the list: hand and portable electrical tools.

The list is introduced by the Decree of the Government of the Russian Federation N 924 of 10 November 2011.  Products included into this list are considered “technically complex” and are subject to stricter consumer protection requirements. These requirement apply to the sellers (retailers) of the mentioned products.

Law: Decree of the Government of the Russian Federation N 924 of 10 November 2011 on Introducing Amendments to the list of the “technically complex” products.

Proposal to improve the efficiency of the state fire safety surveillance mechanism

Draft Federal Law aims:to give power to the Federal executive agencies to run the fire safety surveillance;

  • to let local subsidiaries of Russian State Fire Service to run the fire safety surveillance, as well;
  • to introduce fire safety audits for lands;
  • to introduce audits for the safety entities using risk-oriented approach; and
  • to divide fire safety responsibilities among the federal authorities (between the MChS – the Ministry of Emergency Situations and the Rostekhnadzor – the Federal Service for Ecological, Technological and Nuclear Supervision, in particular) when running audits of mining works on hazardous production facilities.

Moreover, the draft aims to increase administrative responsibility for the violation of fire safety requirements; and to introduce administrative responsibility for the fire risk evaluators for violating fire safety evaluation procedures and the provision of false evaluation results.

Law: Draft Federal Act N 1177587-6 on Introducing Amendments to a Number of Statutes on the Fire Safety.

Decreased Maximum Allowable Concentration Level (MAC) for Ammonium Perchlorate in Water Bodies of Common Use

This hygienic norm is valid for the whole territory of Russia and applies to organisations and persons running the environmental monitoring of their activities and for authorities running the public heath surveillance.

If an activity of an organisation impacts a water body of common use, it must ensure that such an activity (wastewater discharge) does not cause the concentration levels of polluting substances (e.g. ammonium perchlorate) to increase above the set concentration limit.

The norm sets the maximum allowable concentration for ammonium perchlorate in water bodies of common use as 2 mg/liter. The previous MAC (5 mg/liter) for ammonium perchlorate is no longer valid.

The amended legislation is Table of II Chapter of the Hygienic Norm HN 2.1.5.1315-03 on the maximum allowable concentration (MAC) levels for polluting substances in water bodies of common use, adopted by the Decree of the Chief Medical Officer of the Russian Federation N 78 of 30 April 2003.)

Law: Decree of the Chief Medical Officer of the Russian Federation N 147 of 30 August 2016 on Introducing the Hygienic Norm HN 2.1.5.3396-16.

Document Format is Introduced to Refund and Credit the Overpaid Environmental Charge

The document format is introduced for:

  • the bilateral reconciliation report of the total number of the environmental charge;
  • the application to run the bilateral reconciliation report of the total number of the environmental charge;
  • the application to credit the overpaid environmental charge;
  • the decision on accepting the credit for the overpaid environmental charge;
  • the decision on accepting the refunding the overpaid environmental charge;
  • the decision on rejecting the refunding the overpaid environmental charge; and
  • the decision on refunding the overpaid environmental charge.

According to the Government Decree of the Russian Federation N 1073 of 8 October 2015 on the Environmental Charge Collecting Practices, the overpaid environmental change has to be refunded of credited as a part of further payments. It done by local subsidiary of the Federal Service on the Supervision of the Use of Natural Resources (Rosprirodnadzor) after the bilateral reconciliation report is compiled.

Law: Order of Federal Service on the Supervision of the Use of Natural Resources (Rosprirodnadzor) N 489 of 22 August 2016 on introducing format for the bilateral reconciliation report of the total number of the environmental charge, the application to run the bilateral reconciliation report of the total number of the environmental charge, the application to credit the overpaid environmental charge, the decision on accepting the credit for the overpaid environmental charge, the decision on accepting the refunding the overpaid environmental charge, the decision on rejecting the refunding the overpaid environmental charge, and the decision on refunding the overpaid environmental charge.

Ropes and cables are subject to compulsory certification

The words “ropes” and “cables” are considered synonyms and have to be classified under the single code OKI 1250: Steel Ropes, according to the Unified Customs Tariff of the Eurasian Economic Union (ETT EEU) for the purposes of the list of products subject to compulsory certification adopted by Decree of the Government of the Russian Federation N 982 of 1 December 2009.

Law: Letter of the Ministry of Industry and Trade of Russia (Minpromtorg) N 51451/10 of 17 August 2016 on the Conformity Assessment of Products.

New Environmental Fee Rates Introduced

New environmental fee rates apply to environmental emissions performed from 1 January 2016. These fees are payable by all organisations performing air emissions, wastewater discharge and waste disposal operations. The fee rates are set per ton of emissions for the period of 2016-2018. The rates are doubled for areas under special state protection.  

The following legislation is repealed:

  • Decree N 344 of 12 June 2003 on Fines for pollution with stationary and portable pollution sources to air and water including central water systems, and for waste disposing.
  • Decree N 1219 of 19 November 2014 on Fine Rates for pollution with stationary and portable pollution sources to air and water including central water systems, and for waste disposing.

 

Law: Decree of the Government of the Russian Federation N 913 of 13 September 2016 on Fee Rates for the Negative Environmental Impact.