Resolution of the Government of the Russian Federation No. 236-r “On Making Amendments to the List of Nuclear Facilities Subject to the Permanent State Supervision Regime”, dd. February 17,2016, entered into force

The Resolution of the Government of the Russian Federation “On Making Amendments and Changes to the Resolution of the RF Government No. 610-r “List of Nuclear Facilities to be Subject to the Regime of Permanent State Supervision” (dated from April 23, 2012 ) was prepared in order to update the List of nuclear facilities to be subject to the regime of permanent state supervision, that was approved by the resolution of the Government of the Russian Federation No. 610-r dated from April 23, 2012.

The appropriate legislative framework to introduce the regime of permanent state supervision in the field of the use of atomic energy is provided by Article 24.1 of the Federal law No. 170-FZ “On the Use of Atomic Energy” (dd. from November 21, 1995).

According to the mentioned Article provisions, the regime of permanent state supervision shall be enforced at particular nuclear facilities in the correspondence with provisions of the Federal law No. 294-FZ “On the Protection of Legal Entities’ and Individual Entrepreneurs Rights in the Course of Government Control (Supervision) and Municipal Control” (dd. from December 26, 2008).

The regime of permanent state supervision, the list of nuclear facilities to be subject to such regime and the procedure for this regime implementation are established by the Government of the Russian Federation.

Creation of new nuclear facilities, establishment and reorganization of legal entities exercising activities in the field of the use of atomic energy and which may own the storage facilities for radioactive waste, radiation sources and storage facilities for nuclear materials along with the transfer of ownership for such facilities have necessitated the periodic re-examination of the List in force with the purpose of its updating.

Besides that, the entry into force of the Federal law No. 190-FZ “On Management of Radioactive Waste and Amendment of Some Acts of Law of the Russian Federation”, Article 3 of which establishes a new concept -“disposal facility for radioactive waste”- also requires clarification of the List in force with the purpose to establish the permanent state supervision in respect to the mentioned categories of nuclear facilities.

For these purposes, the Resolution of the Government of the Russian Federation:

1. adds ‘nuclear materials’ to nuclear facilities defined in para. 4, 5, 6, 7, 9, 10, 13, 15,18, 19, 20, 24, 25, 26, 27 and 30 of the List;
2. corrects the status of legal entity in respect to organizations mentioned in para. 4, 6, 7, 13, 16, 18, 19, 20, 22, 23, 24, 25, 26, 27, 30, 31, 32 and 42 because of change of legal situation;
3. adds clarity to the names of the branches of the Federal State Unitary Enterprise for Radioactive Waste Management “RosRao”, defined in para. 28 (sub-para. 9, 14 and 16);
4. specifies the names of nuclear facilities of organizations defined in para. 33 and 34;
5. adds ‘radiation sources’ to nuclear facilities of the enterprises defined in para. 38 and 43;
6. excludes from the List the nuclear facilities of “Directorate of Beloyarsk NPP-2 under Construction”, Zarechny city, the Sverdlovsk Region (the branch of the “Rosenergoatom Concern”, OJSC) (sub-para. 13 of para. 1), because there is no such a nuclear facility and all activities in the sphere of atomic energy use is being implemented at Beloyarsk NPP;
7. supplements the List with nuclear facilities of the “Directorate of Kursk NPP-2 under Construction”, Kurchatov city, the Kursk region (the branch of “Rosenergoatom Concern”, OJSC) (sub-para. 15 of para. 1);
8. supplements the List with para. No. 44, 45, 46 and 47, by adding the following nuclear facilities:
   • the nuclear installations of the “Pilot Demonstration Facility for Decommissioning of Uranium-Graphite Reactors”, OJSC, Seversk city, the Tomsk Region (para. 44);
   • the storage facilities, radioactive waste disposal facilities of the branches of the Federal State Unitary Enterprise “National Operator for Radioactive Waste Management”, Moscow, (para. 45);
   • the nuclear installations, radiation sources, nuclear material storage facilities , radioactive waste storage facilities of the Federal State Funded Educational Institution of Higher Education «State University of Sevastopol», Sevastopol city, (para. 46);
   • the nuclear installations of the limited liability company «Baltic Shipyard - Shipbuilding», Saint-Petersburg, (para. 47).

In addition to that, the nuclear facilities of the Federal State Unitary Enterprise “Russian Federal Nuclear Center – All-Russian Scientific Research Institute of Technical Physics named after Academician Ye. I. Zababakhin (RFNC-VNIITF)”, Snezhinsk city, the Chelyabinsk Region (paragraph 40) are excluded from the List due to the fact that in the correspondence with the Decree of the President of the Russian Federation No. 467 (dated from June 26, 2014), the Federal State Unitary Enterprise “Russian Federal Nuclear Center – All-Russian Scientific Research Institute of Technical Physics named after Academician Ye. I. Zababakhin”, (Snezhinsk city, the Chelyabinsk Region) is recognized as the federal-owned nuclear organization, which does not possess nuclear facilities subject to the provisions established by the Federal law No. 170-FZ “On the Use of Atomic Energy” (dated from November 21, 1995).

The Resolution of the Government of the Russian Federation is in the agreement with The Treaty on the Eurasian Economic Union, contributes to the effective implementation of the permanent state supervision in the sphere of the use of atomic energy in respect to the nuclear installations concerned.