Customs regulation of the movement of waste and secondary raw materials across the Russian border. Medical waste class B: disposal, collection and storage of the Permit Document for transboundary movement of waste

Alexey Maslennikov

The movement of goods across the border is regulated by the Customs Code of the Russian Federation dated May 28, 2003 No. 61-FZ.

The main instruments for regulating foreign economic activity are customs duties on the import and export of goods, value added tax, excise tax and licensing. Value added tax and excise taxes are paid by participants in foreign economic activity when importing goods into the territory of the Russian Federation. When exporting goods, the exporter has the right to a refund of value added tax when taxed in accordance with Article 165 of the Tax Code. In fact, this right provides international practice for providing protection from double taxation of goods when moving across borders, the essence of which is that value added tax is paid only when goods are imported.

Government Decree No. 442 of July 17, 2003 “On transboundary movement of waste” establishes requirements for participants in transboundary (transit) movement of waste and introduces two lists of hazardous waste specified in Appendices 1 and 2.

Import into the territory of the Russian Federation of hazardous waste specified in Appendix No. 1 to the Rules for the purpose of their use and removal from the territory of the Russian Federation of hazardous waste specified in Appendices No. 1 and 2 to the Rules is carried out under a license issued in the prescribed manner by the Ministry of Economic Development and trade of the Russian Federation on the basis of permission from the Ministry of Natural Resources of the Russian Federation and its territorial bodies for the transboundary movement of waste.

These restrictions mainly apply to the movement of hazardous waste. Nevertheless, this decree covers such types of waste as used tires, aluminum slag, used batteries, etc. However, it is worth considering that the export of waste indicated in these lists is practically devoid of commercial sense due to the lack of demand. Licensing of transboundary movement of hazardous waste practically does not apply to types of secondary raw materials, the export of which would increase the volume of their use or procurement, although in some rare cases, this can become a significant obstacle to the export of, say, scrap lead batteries.

Despite possible obstacles, licensing of transboundary movement of hazardous waste is consistent with international agreements, and work with such hazardous waste in any case requires obtaining a hazardous waste license.

Another regulator of foreign economic activity is customs duties. The procedure for establishing customs duties is determined by the Law of the Russian Federation of May 21, 1993 No. 5003-I “On Customs Tariffs”. Article 3 of this law determines that import and export customs duties are established by the Government of the Russian Federation. On January 1, 2002, the Customs Tariff of the Russian Federation, approved by Decree of the Government of the Russian Federation of November 30, 2001 No. 830, came into force.

The table below shows the rates of export customs duties on the main types of waste.

*) Apply to goods exported from the customs territory of Russia outside the member states of the agreements on the Customs Union. The participants of the Customs Union are the Russian Federation, Belarus, Kazakhstan, the Kyrgyz Republic and Tajikistan.

Customs duties are widely used as the main instrument for regulating foreign economic activity. Export duties are a tool for limiting the export of products outside of Russia by reducing the profitability of export operations with such goods. Increased rates of export duties apply to goods whose export is undesirable for some reason. At the moment, scrap and waste of non-ferrous metals are subject to the greatest pressure from export duties: copper, aluminum, nickel, etc. Non-ferrous metals are widely used in high-tech industries: defense, aerospace, electrical engineering, radio-electronic, automotive. At the same time, the price of non-ferrous metals on the international market is quite high, which causes a natural outflow of some raw materials abroad. A similar situation arises with waste and scrap ferrous metals.

For procurement enterprises, this, first of all, means a decrease in the profitability of their core activities. At the same time, it should be taken into account that waste for which high export duties are established is used in the best possible way. This is explained by the fact that recently the depth of processing of waste ferrous and non-ferrous metals has increased significantly. Many producers and processors of secondary metals produce products with high added value and, as a rule, these products no longer belong to the group of waste. An example of this is the situation with the processing of aluminum scrap and waste. Many procurement enterprises have production facilities and produce aluminum alloys, both for domestic consumers and for export. If previously alloys of secondary group AB were mainly produced, used mainly as a deoxidizing agent in ferrous metallurgy, now high-quality aluminum alloys are produced for various branches of mechanical engineering, both for casting and for forming. Low-quality scrap and waste aluminum (aluminum cans, laminated foil, etc.) are now used as deoxidizers, and a number of enterprises use high-tech equipment for their processing, which makes it possible to achieve the required quality and shape of the product.

It can be noted that high export duties contribute to the technical re-equipment of enterprises, because force entrepreneurs to carry out deeper processing of waste in order to increase the profitability of the entire production by increasing the cost of the final product. In addition, the processed product may be subject to a much lower export duty (for example, for secondary aluminum alloys the export duty is 5%, versus 50% for waste), which further stimulates the deep processing of waste.

With regard to waste and scrap ferrous metals, the situation is somewhat different. Processing ferrous scrap into products with higher consumer properties requires significantly more expensive equipment than in the case of non-ferrous metals. As a rule, these are electric arc furnaces of high power and volume with a continuous casting system. Although there are mini-productions in the world that meet local needs for long products, in Russia this practice is just beginning to appear. The bulk of producers of scrap and ferrous metal waste actually only prepare raw materials for smelting, i.e. for delivery to metallurgical plants. It is almost impossible to organize production for the deep processing of ferrous scrap without significant capital costs, and often has all sorts of restrictions from energy supply and environmental standards. In addition, in the domestic market the supply of metal products currently exceeds demand, which also reduces the investment attractiveness of such projects.

The movement of goods across the customs border is carried out in compliance with prohibitions and restrictions, unless otherwise established by the Customs Code, international treaties of the member states of the Customs Union, decisions of the Commission of the Customs Union and regulatory legal acts of the member states of the Customs Union, issued in accordance with international treaties of the member states of the Customs Union, which establishes such prohibitions and restrictions (clause 1 of Article 152 of the Code).

Prohibitions and restrictions are understood as a set of measures applied to goods transported across the customs border, including non-tariff regulation measures, measures affecting foreign trade in goods and introduced on the basis of national interests, special types of bans and restrictions on foreign trade in goods, export control measures, etc. including in relation to military products, technical regulation, as well as sanitary-epidemiological, veterinary, quarantine, phytosanitary and radiation requirements established by international treaties of the member states of the Customs Union, decisions of the Customs Union Commission and regulatory legal acts of the member states of the Customs Union, issued in accordance with international treaties of the member states of the Customs Union (subparagraph 8 of paragraph 1 of Article 4 of the Code).

In accordance with paragraph 1 of Article 183 of the Code, the submission of a customs declaration must be accompanied by the submission to the customs authority of documents on the basis of which the customs declaration is completed, unless otherwise established by this Code

Such documents include, in particular, documents confirming compliance with prohibitions and restrictions.

Subparagraph 1 of paragraph 1 of Article 195 of the Code establishes that the release of goods is carried out by customs authorities, including upon presentation to the customs authority of licenses, certificates, permits and (or) other documents necessary for the release of goods in accordance with the Code and (or) other international treaties of the member states of the Customs Union, with the exception of cases when, in accordance with the legislation of the member states of the Customs Union, these documents can be submitted after the release of goods.

Paragraph 17 of Article 2 of the Federal Law of December 8, 2003 No. 164-FZ “On the Fundamentals of State Regulation of Foreign Trade Activities” (hereinafter referred to as Law No. 164-FZ) defines non-tariff regulation as a method of state regulation of foreign trade in goods, carried out by introducing quantitative restrictions and other prohibitions and economic restrictions.

According to Article 20 of Law No. 164-FZ, non-tariff regulation of foreign trade in goods can be carried out only in cases provided for in Articles 21 - 24, 26 and 27 of Law No. 164-FZ, subject to the requirements specified therein.

In accordance with paragraph 2 of part 1 of Article 24 of Law No. 164-FZ, licensing in the field of foreign trade in goods is established, including in cases of implementation of the permitting procedure for the export and (or) import of certain types of goods that may have an adverse impact on the security of the state, life or health of citizens, property of individuals or legal entities, state or municipal property, environment, life or health of animals and plants.

By virtue of Part 2 of Article 24 of Law No. 164-FZ, the basis for the export and (or) import of certain types of goods in the cases listed in Part 1 of Article 24 of Law No. 164-FZ is a license issued in accordance with Part 5 of Article 13 of the Law.

Attribution of compliance with licensing requirements to prohibitions and restrictions of an economic nature (non-tariff regulation) is carried out in accordance with the provisions of Law No. 164-FZ.

According to the general rule established by paragraph 4 of the Unified List of Goods No. 134, the import and export of waste is carried out on the basis of licenses issued by the authorized state body of the member state of the Customs Union in whose territory the applicant is registered

Clause 2.3 of the Unified List of Goods No. 134 lists the names and other characteristics of goods - hazardous waste, restricted for movement across the customs border of the Customs Union during import and (or) export.

At the same time, the nominal inclusion of a product in the list of section 2.3 of the Unified List of Goods No. 134 is not an unconditional basis for classifying such a product as waste. The presence of an imported product in this list in itself is not a legal basis for classifying it as a waste, the import of which requires obtaining a license, in the case under consideration is not for the following reasons.

Waste refers to substances or objects that are disposed of, intended for disposal or subject to disposal in accordance with the environmental legislation of the member states of the Customs Union (subclause 1 of clause 8 of the Unified List of Goods No. 134 to clause 2.3 of the list of goods).

A similar definition of waste is contained in paragraph 1 of Article 2 of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, ratified by the Russian Federation by Federal Law of November 25, 1994 No. 49-FZ “On Ratification of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes” waste and its disposal."

Federal Law No. 89-FZ of June 24, 1998 “On Production and Consumption Waste” (hereinafter referred to as Law No. 89-FZ) defines the legal framework for the management of production and consumption waste in order to prevent the harmful effects of production and consumption waste on human health and the environment , as well as the involvement of such waste into economic circulation as additional sources of raw materials.

Production and consumption waste refers to the remains of raw materials, materials, semi-finished products, other items or products generated during the production or consumption process, as well as goods (products) that have lost their consumer properties (Article 1 of Law No. 89-FZ).

Based on the systematic interpretation of the above standards, imported (exported) goods can be classified as waste if the following characteristics (criteria) are present: they are remnants of raw materials generated during the production process; intended for removal; they lack consumer properties.

At the same time, current Russian and international legislation does not contain other signs of classifying goods as waste (including listing in the list of section 2.3 of the Unified List of Goods No. 134)

Adopted as part of the accession of the Russian Federation to the Basel Convention and approved by order of the Federal Agency for Technical Regulation and Metrology dated December 15, 2009 No. 1091-st “National Standard of the Russian Federation. Resource saving. Waste management. Waste certificate of I – IV hazard class. Basic requirements" (GOST R 53691-2009), in note No. 1 to Appendix "G" which also states that the lists of waste contained in Appendix "G" of this standard are not intended to determine whether a particular material is a waste , and are not intended to be exhaustive. They are subject to amendments and adjustments. Classification of waste in accordance with Annex G does not mean that the material in question is always a waste.

Unconditional submission of the appropriate license when presenting for customs clearance the goods listed in section 2.3 of the Unified List of Goods No. 134, without identifying and confirming the characteristics of this product that classify it as production and consumption waste, is unlawful.

There is a Federal Classification Catalog of waste, approved by order of the Federal Service for Supervision of Natural Resources dated July 18, 2014 No. 445, which establishes hazard classes.

Article 4.1 of Law No. 89-FZ classifies practically non-hazardous waste as class V. According to paragraph 30 of Article 12 of the Federal Law of May 4, 2011 No. 99-FZ “On licensing of certain types of activities,” activities for the collection, transportation, processing, disposal, neutralization, and disposal of waste of hazard classes I–IV are subject to licensing.

Similar provisions are contained in subparagraph “e” of paragraph 8 of the Rules for the cross-border movement of goods, approved by Decree of the Government of the Russian Federation dated July 17, 2003 No. 442. However, this law does not provide for obtaining a license for hazard class V waste.

The above norms are quoted from the ruling of the Supreme Court of the North Caucasus in case A32-27233/2015, which we had the opportunity to litigate in court.

Appendix No. 7
to the Board's Decision
Eurasian Economic Commission
dated April 21, 2015 N 30

POSITION
ABOUT IMPORTATION INTO THE CUSTOMS TERRITORY OF EURASIAN
ECONOMIC UNION AND EXPORT FROM THE CUSTOMS TERRITORY
EURASIAN ECONOMIC UNION HAZARDOUS WASTE

I. General provisions

1. This Regulation determines the procedure for importing into the customs territory of the Eurasian Economic Union (hereinafter referred to as import, Union) hazardous waste included in section 2.3 of the single list of goods to which non-tariff regulation measures are applied in trade with third countries, provided for by the Protocol on non-tariff regulation measures in relation to third countries (Appendix No. 7 to the Treaty on the Eurasian Economic Union of May 29, 2014) (hereinafter referred to as the unified list), and the export from the customs territory of the Union of hazardous waste included in sections 1.2 and 2.3 of the unified list (hereinafter referred to as the export, hazardous waste).
2. For the purposes of these Regulations, the competent authority means the government body of a member state of the Union (hereinafter referred to as the Member State) responsible for sending and receiving notification of the import, export and transit of hazardous waste, as well as any information related to such import, export and transit, in accordance with the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal of March 22, 1989 (hereinafter referred to as the Basel Convention).
Other concepts used in these Regulations are used in the meanings defined by the Basel Convention, the Protocol on non-tariff regulatory measures in relation to third countries (Appendix No. 7 to the Treaty on the Eurasian Economic Union of May 29, 2014) and international treaties included in the law of the Union.
3. It is prohibited to:
a) import and (or) export by individuals of hazardous waste as goods for personal use;
b) import of hazardous waste included in section 1.2 of the unified list;
c) export of hazardous wastes included in sections 1.2 and 2.3 of the unified list to the territory of a state that is not a party to the Basel Convention, as well as import of hazardous wastes included in section 2.3 of the unified list from the territory of a state that is not a party to the Basel Convention, with the exception of case where a member state and a state that is not a party to the Basel Convention have concluded an international agreement on the transboundary movement of hazardous waste (information about states that are parties to the Basel Convention, as well as about concluded international agreements, is posted on the official website of the Basel Convention in the information and telecommunications network “Internet” at: http://www.basel.int). In this case, the movement of hazardous waste is carried out in accordance with this Regulation and the Basel Convention;
d) import of hazardous waste included in section 2.3 of the unified list for the purpose of disposal and neutralization.
4. Import and (or) export of hazardous waste is carried out in the presence of a license issued in accordance with the Instructions on the execution of an application for a license for the export and (or) import of certain types of goods and on the execution of such a license, approved by the Decision of the Board of the Eurasian Economic Commission dated 6 November 2014 N 199 (hereinafter referred to as the license), or a conclusion (permit document) drawn up in the form approved by the Decision of the Board of the Eurasian Economic Commission dated May 16, 2012 N 45 (hereinafter referred to as the conclusion (permit document)), except in cases provided for in paragraph 3 of these Regulations.
A license or conclusion (permit document) is presented to the customs authorities of the Member States upon arrival of hazardous waste into the customs territory of the Union.

II. Placement under customs procedures

5. The placement of hazardous waste under customs procedures for release for domestic consumption and export is carried out upon presentation of a license to the customs authority of the Member State.
6. Placement of hazardous waste under the customs procedures of processing for domestic consumption, processing in the customs territory, processing outside the customs territory, re-import, re-export is carried out upon submission of a conclusion (permit document) to the customs authority of the Member State.
7. Placement of hazardous waste under the customs procedures of a customs warehouse, customs transit for transportation from the customs authority at the place of arrival in the customs territory of the Union to the internal customs authority, as well as for transportation from the internal customs authority to the customs authority at the place of departure from the customs territory of the Union is carried out at availability of a license or conclusion (permit document) submitted for placing hazardous waste under other customs procedures.
8. The placement of hazardous waste under the customs procedure of customs transit for its transportation from the customs authority at the place of arrival in the customs territory of the Union to the customs authority at the place of departure from the customs territory of the Union is carried out upon submission to the customs authority of the Member State of conclusions (permits) issued by authorized in accordance with the legislation of the Member States for the issuance of opinions (permits) by public authorities of all Member States (hereinafter referred to as the authorities of the Member States authorized to issue opinions (permits)) through the territories of which these hazardous wastes will be transported.
9. Placement of hazardous waste under the customs procedures of temporary import (admission), temporary export, duty-free trade, destruction, refusal in favor of the state, free customs zone, free warehouse is not allowed.

III. Issuance of a license

10. To obtain a license, legal entities and individuals registered as individual entrepreneurs (hereinafter referred to as applicants) submit to the authorized body of the Member State in whose territory the applicant is registered the documents and information provided for in subparagraphs 1 - 5 of paragraph 10 of the Rules for issuing licenses and permits for the export and (or) import of goods (appendix to Appendix No. 7 to the Treaty on the Eurasian Economic Union of May 29, 2014) (hereinafter referred to as the Rules), as well as in accordance with subparagraph 6 of paragraph 10 of the Rules, the following documents and information:
a) consent (in writing) of the competent authority of the state into whose territory hazardous waste is imported and (or) through whose territory hazardous waste is transported, in accordance with the Basel Convention (in the case of hazardous waste export);
b) a copy of the agreement (contract) between the exporter and the manufacturer or the importer and the consumer of hazardous waste (if the applicant acts as an intermediary);
c) copies of the agreement(s) (contract(s)) for the transportation of hazardous waste;
d) a copy of the agreement (contract) between the exporter (importer) and the person responsible for the disposal of hazardous waste, which stipulates the environmentally safe use of this hazardous waste;
e) notification of transboundary movement of hazardous waste (in 3 copies) in accordance with the Basel Convention;
f) document on the transportation of waste (in 3 copies) in accordance with the Basel Convention;
g) information on the availability of technical (technological) capabilities for the use of hazardous waste (an extract from the technological regulations confirming the possibility of using hazardous waste as a raw material, or another document confirming the possibility of involving them in a use that does not allow the formation of other hazardous waste or its residues) (in case of import of hazardous waste);
h) a copy of a document confirming insurance, bond or other guarantee for transboundary transportation of hazardous waste (if provided for by the legislation of the Member State);
i) a copy of the license to carry out the type of activity for the management of hazardous waste on the territory of a Member State in accordance with the legislation of this state (if licensing of this type of activity is provided for by the legislation of this state).
11. Copies of documents submitted by the applicant must be certified in the manner prescribed by paragraph 11 of the Rules.
12. If, in accordance with the legislation of a Member State, a decision to issue a license is made by an authorized body in agreement with another government body of this Member State (hereinafter referred to as the coordinating body), then such approval is carried out in the manner prescribed by the legislation of this Member State .
The applicant, if provided for by the legislation of the Member State, submits the documents specified in paragraph 10 of these Regulations to the approving authority. In this case, the documents specified in subparagraphs “a” – “i” of paragraph 10 of these Regulations are not submitted to the authorized body.
Coordination can be carried out by issuing a conclusion (permit document).
13. The issuance of a license is refused if there are grounds provided for in subparagraphs 1 - 4 of paragraph 14 of the Rules, as well as in accordance with subparagraph 6 of paragraph 14 of the Rules - in the event of a refusal by the approving body to approve the application for a license.

IV. Issuance of a conclusion (permit document)

14. The issuance of an opinion (permit document) is carried out by the body of a member state authorized to issue opinions (permit documents) in the manner determined by the legislation of that state.
15. An opinion (permit document) is issued when the applicant submits the following documents and information to the body authorized to issue opinions (permit documents) of the Member State:
a) a draft conclusion (permit document), drawn up in accordance with the guidelines for filling out a unified conclusion form (permit document) for the import, export and transit of certain goods included in the Unified List of Goods to which prohibitions and restrictions on import or export by states apply – members of the Customs Union within the framework of the Eurasian Economic Community in trade with third countries, approved by the Decision of the Board of the Eurasian Economic Commission of May 16, 2012 N 45;
b) a copy of the agreement (contract), and in the absence of an agreement (contract) - a copy of another document confirming the intentions of the parties;
c) consent (in writing) of the competent authority of the state into whose territory hazardous waste is imported and (or) through whose territory hazardous waste is transported, in accordance with the Basel Convention (in the case of hazardous waste export);
d) a copy of the agreement (contract) between the exporter and the manufacturer or the importer and the consumer of hazardous waste (if the applicant acts as an intermediary);
e) copies of the agreement(s) (contract(s)) for the transportation of hazardous waste;
f) a copy of the agreement (contract) between the exporter (importer) and the person responsible for the disposal of hazardous waste, which stipulates the environmentally safe use of this hazardous waste;
g) notification of transboundary movement of hazardous waste (in 3 copies) in accordance with the Basel Convention;
h) document on the transportation of waste (in 3 copies) in accordance with the Basel Convention;
i) information on the availability of technical (technological) capabilities for the use of hazardous waste (an extract from the technological regulations confirming the possibility of using hazardous waste as a raw material, or another document confirming the possibility of involving them in a use that does not allow the formation of other hazardous waste or its residues) (in case of import of hazardous waste);
j) a copy of a document confirming insurance, bond or other guarantee for transboundary transportation of hazardous waste (if provided for by the legislation of the Member State);
k) a copy of the license to carry out the type of activity for the management of hazardous waste on the territory of a Member State in accordance with the legislation of this state (if licensing of this type of activity is provided for by the legislation of this state);
l) other documents provided for by the legislation of the Member State.
16. The issuance of a conclusion (permit) is refused if the following grounds exist:
a) failure to submit documents provided for in paragraph 15 of these Regulations;
b) the presence of incomplete or unreliable information in the documents submitted by the applicant to obtain an opinion (permit);
c) other grounds provided for by the legislation of the member state and the Basel Convention.
17. Reporting on the import and (or) export of hazardous waste in accordance with Article 6 of the Basel Convention is submitted by applicants to the competent authority of their state in the manner and within the time limits determined by the legislation of that state.

On measures to ensure the Russian Federation fulfills its obligations under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal

In order to fulfill the obligations of the Russian Federation under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, the Government of the Russian Federation decides:
1. Prohibit the import of hazardous waste for the purpose of burial or incineration on the territory of the Russian Federation.
2. Designate the Ministry of Natural Resources and Environment of the Russian Federation and the Federal Service for Supervision of Natural Resources as competent authorities under Article 5 of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (hereinafter referred to as the Convention).
3. Assign the following functions to the Ministry of Natural Resources and Ecology of the Russian Federation as the competent authority:
organization and coordination of implementation of the requirements of the Convention;
preparation of proposals for the development and adoption of normative legal acts aimed at implementing the Convention;
representing the interests of the Russian Federation at conferences of the parties to the Convention, in other working bodies of the Convention, as well as when considering disputes between the parties in accordance with the procedure for their consideration established by the Convention.
4. Assign the following functions to the Federal Service for Supervision of Natural Resources as the competent authority:
issuing permits for the import into the Russian Federation, export from the Russian Federation and transit of hazardous waste for use as raw materials;
notification to the relevant competent authorities of states exporting, importing or transiting hazardous wastes about planned transboundary movements of these wastes.
5. Determine the following federal executive authorities within the limits of their competence as responsible for fulfilling the obligations of the Russian Federation arising from the Convention:
Ministry of Natural Resources and Ecology of the Russian Federation - in terms of ensuring the protection of the environmental interests of the Russian Federation;
Ministry of Foreign Affairs of the Russian Federation - in terms of ensuring the protection of the foreign policy interests of the Russian Federation in the course of international cooperation on issues related to the control of transboundary transport or transportation of hazardous waste;
Ministry of the Russian Federation for Civil Defense, Emergency Situations and Disaster Relief - in terms of overseeing the readiness of officials, forces and means to act in the event of emergency situations;
Federal Service for Supervision of Transport - regarding the implementation of federal state control (supervision) in the field of transport safety (including during transboundary transportation of hazardous waste);
Federal Customs Service - regarding the application and improvement of customs controls over the import into the Russian Federation, export from the Russian Federation and customs transit of hazardous waste;
Federal Service for Supervision of Consumer Rights Protection and Human Welfare – regarding the implementation of federal state sanitary and epidemiological supervision of transboundary transportation of hazardous waste and its management.
6. To the Ministry of Natural Resources and Environment of the Russian Federation:
when forming the draft federal budget for the next financial year and planning period, provide budgetary allocations for the payment of membership fees of the Russian Federation to the budget of the Convention;
within 3 months, submit proposals for the appointment of a legal entity to perform the duties of a designated center responsible for receiving and providing information in accordance with the Convention.
7. The Ministry of the Russian Federation for Civil Defense, Emergency Situations and Disaster Relief shall take measures to ensure the readiness of the forces and means of the unified state system for the prevention and liquidation of emergency situations to interact with similar systems of foreign countries during transboundary transportation of hazardous waste and their disposal.
8. The implementation of the powers provided for by this resolution is carried out by the relevant federal executive bodies within the established maximum number of employees of these bodies, as well as the budgetary allocations provided for by them in the federal budget for leadership and management in the field of established functions.
9. Recognize as invalid the Decree of the Government of the Russian Federation of July 1, 1995 No. 670 “On priority measures to implement the Federal Law “On Ratification of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal” (Collected Legislation of the Russian Federation, 1995, No. 28, Art. 2691).
Chairman of the Government of the Russian Federation
D. Medvedev

Order of the Ministry of Natural Resources of the Russian Federation of December 24, 2003 N 1151 “On approval of forms of notification of transboundary movement of waste and document on waste transportation”

Transboundary movement of waste

Transboundary movement of waste is the transportation of waste from the territory of one state to the territory of neighboring countries or their transit. Transboundary movement of waste requires the participation of at least two states.

In order to carry out activities on transboundary movement of waste, it is necessary, as a legal entity engaged in direct or transit transportation of waste from the Russian Federation, to obtain a special permit, which can be issued for a one-time movement of waste or, if there is a contract, for a calendar year.

The permit is issued on the basis of:

• Resolution of the Government of the Russian Federation No. 442 regarding the movement of waste between states and territories. It should be noted that in 2016, some clarifying additions were made to this document. A “Unit List of Wastes” was also defined, which are subject to restrictions on the movement of hazardous waste.
• On the territory of the Russian Federation there is also a separate provision on restrictions on waste transportation, which was approved by Decision of the Interstate Council of the EurAsEC No. 19 of November 27, 2009. The decision of the Customs Union Commission No. 132 dated November 27, 2009, which was amended on July 26, 2012, has the same force.

Along with instructions on the standard principle of drawing up the conclusion form, a separate format for a permit document was developed that regulates any movement of individual goods. This document is included in the Unified List of Goods that are subject to a ban or restriction on the movement of these goods within the states that are members of the Customs Union, working in collaboration with the EurAsEC and within trade relations with third countries.

The unified list was approved by decision of the Board of the Eurasian Economic Service No. 45 dated May 16, 2012.

The permit is issued by the authorized state body in the category of environmental management. The review period is about one month from the date of filing the application, accompanied by a full set of documents certified by a notary.

FSBI "FCAO" deals with issues of environmental safety and is always ready to assist in the expert assessment of documents required to obtain permission for transboundary movement of waste.

When conducting research, it is indicated that goods transported under a cross-border permit are not subject to the scope of the Customs Union. All expert documents are issued as soon as possible. Mutual cooperation with our organization is a guarantee that the business will be environmentally friendly. FSBI FCAO will prepare a package of documents necessary to obtain permission for transboundary movement of waste.

Moving construction waste in Moscow

During construction, construction road and bridge objects, development of underground areas, preparation of sites, as well as during repair, reconstruction, demolition, dismantling of buildings and structures, materials and soil remain. In Moscow, according to statistics, their volumes exceed one and a half million tons per year. In order to protect the environment, in 2004, officials of the capital developed a system allowing move construction waste, soil, while controlling their volumes and quality. Such a system not only prevents the formation unauthorized and spontaneous landfills, but also reduces the load on city highways, satisfies the needs of construction organizations, and allows materials to be recycled.

How the permitting system works

Before the start of work, participants in the construction process are given a permit that allows them to transport waste, as well as soil, to their locations. They can be special areas for storage, processing or disposal, or specialized enterprises with licenses and placement limits such materials. Once the relocation work is completed, the permit is closed. The document is drawn up in accordance with the rules established by law.

Previously, the conclusion on issuing permits for the movement of construction waste was prepared by State unitary enterprise " Informstroyservice" The same organization was entrusted with the functions of maintaining the entire waste database construction and installation(dismantling) works. Permits were issued if their volume exceeded 50 cubic meters.

Issuing a permit to transport soil after excavation the company was engaged JSC INTUS. This organization is part of the capital's construction complex, providing it with the necessary information about objects under construction in the city. The main functions of the company in the construction sector are: analytics of investment programs; design of objects; monitoring compliance with safety regulations; increasing production efficiency.

Both organizations issued permits for a fee. Exceptions were cases when the construction project was fully financed by the state.

Changes in the permitting system

On July 1, 2013, significant changes occurred in the permitting system:

- permits for the movement of construction and demolition waste for processing or disposal, as well as for transportation of soil, are issued by the Moscow Construction Department;

Permits are issued free of charge and without the involvement of commercial organizations;

Maintaining an information base on movements, waste processing and soil transportation is carried out state state institution "Territory Preparation Department", organization, subordinate Department of Construction;

Permits are issued for waste volumes exceeding 30 cubic meters.

The Construction Department regulates the movement of earth masses and determines places for their storage in case the soil is unsuitable for recycling.

Permits allowing the transport of soil are issued by the Department on the basis of an agreement between the supplier and the recipient. If there is a free exchange of soil between them, then coupons are issued.

Such innovations regulate the waste and soil accounting system, strengthen control over their movement, and reduce costs construction and installation organizations, speed up and simplify the process of obtaining permits.

These permits are required by contractors to provide them to the Customer, usually in a closed form, to close payments for the disposal and removal of solid waste, especially, more often with coupons, to budget customers or city customers. To date, an open permit for the movement of solid waste is not required for submission to OATI. Now the procedure is reversed; to open a permit for the movement of construction and demolition waste, an open OATI order is required.

Permits for moving soil and removing construction and demolition waste are issued by the Moscow Department of Construction at the address: Moscow, st. Bolshaya Dmitrovka, 16, building 2.

Not all types of work require permits. As a rule, their presence is required for types of work where it is necessary to move large volumes of soil and construction waste to landfills. For facade work, reconstruction of utility networks, landscaping, where the volume of soil and waste does not exceed 50 m3, no permits are required and this waste is disposed of in the usual way, it is enough to conclude an agreement with a company that transports waste to landfills. In case of large volumes, you will need to obtain permits.

Permission to move soil

If your type of work requires a large volume of soil movement throughout Moscow, a mandatory permit is required. This is required in order to distribute traffic flows across the territory of Moscow and to maintain a favorable environmental situation, since soils have different hazard classes, and dumping toxic soils into clean landfills is prohibited by law. As well as dumping broken bricks and concrete in the nearest forest.

The contractor receives a permit for the soil. To do this, it is necessary to obtain the following design documentation from the customer:

1. Engineering and environmental report (sometimes called Sanitary and Epidemiological) with tables on the hazard class of soils.
2. Engineering-geological research with longitudinal sections by soil type
3. Construction permit
4. Estimate documentation (not needed in full, but only the part where the soil movement and cover are indicated)

Permit for movement of construction and demolition waste

If during the construction and demolition of a facility you encounter construction waste that needs to be disposed of, you need to open a permit for the movement of waste from the Construction Department.

All types of waste that are planned for removal are listed in the Technological Regulations for Waste Management and are provided to the contractor by the customer (investor). There are situations when the Customer did not develop the Technical Regulations and coordinated them with the Construction Department. In this case, it is necessary to survey the structures, determine the volume and type of waste (concrete, brick, metal, glass, etc.), and then, based on the survey, develop a Technological Regulation and approve it with the Construction Department.

The Technical Regulations also indicate the types of waste, methods of disposal or processing, and a list of landfills to which certain types of waste can be removed.

The opening of a permit for the movement of construction and demolition waste is carried out by the contractor. To do this, you need to receive the following list of project documentation from the customer:

1. Technological regulations for waste management.
2. Construction permit
3. Estimate documentation (not needed in full, but only the part where the movement of waste and the cover are indicated)

To obtain permission to move soil, you must submit a package of documents to the “One Window Service” of the Department of Construction and duplicate them electronically on a disk in PDF format.

The Stroyconsulting company offers you consulting services in the field of obtaining permits for the movement of soil and construction and demolition waste in the Moscow Construction Department.