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Moving waste. Transboundary movement of waste

Medical waste, according to Federal Law No. 323 “Fundamentals of protecting the health of citizens of the Russian Federation,” is waste that appears as a result of the interaction of medical consumables with human biological fluids.

(ADV38)

They also include pathological and operational waste, waste resulting from the development and production of vaccines and vaccinations, as well as food waste from infectious diseases departments.

Class B waste poses an epidemiological hazard.

Places where medical waste is generated

To places of education medical waste Class B includes:

  • Pathology departments
  • Operating
  • Dressing and treatment stations
  • Department of Dermatovenerology and Infection
  • Laboratory organizations (3-4 group of pathogenicity of bacteria)

Collection, movement and temporary storage of class “B” waste

SanPiN clause 3.6. 2.1.7.2790-10 regulates methods of movement and storage of medical waste in organizations that are places of generation of such waste.

It is important that all personnel who come into contact with Class B waste in any way are vaccinated against hepatitis B.

The head of the enterprise must draw up and approve instructions that contain instructions for handling waste at all stages of contact with it. This instruction must also indicate those responsible for the collection, storage and transportation of hazardous waste.

Waste is collected in specially marked yellow bags, which indicate the name of the organization, its department and which are signed by the employee responsible for disposal. Sharps waste such as medical instruments, syringes, etc. collected in disposable puncture-proof containers. They are also marked. Organic waste must be placed in a sealed container with a lid.

When collecting Class B waste, it is important to consider the following:

  • It is prohibited to produce on waste physical impact before neutralization
  • It is forbidden to cover used syringes with caps.
  • It is unacceptable to move waste by pouring it from one container to another
  • Compacting waste is also prohibited
  • Before any interaction with waste, it is necessary to use protective equipment (special suits, respirators, gloves)
  • It is unacceptable to store waste in close proximity to heating devices.

During one work shift, it is necessary to collect all waste and send it for further disposal procedures. Disposable containers can be filled within 3 days, unlike bags. The bags must be changed every shift, taking into account that the maximum filling level should not exceed three quarters of their volume.

After the containers and bags are filled, the waste collection officer closes the lids of the containers tightly and ties the bags using special ties.

The prepared containers and packages are marked with the date, name of the organization and the initials of the person responsible for the specific shift. It is also necessary to indicate that this is class B waste.

Moving waste to a place of storage or further handling is done by placing it in special containers. Then they are transported either to the place of further circulation or to places of temporary storage before export by specialized vehicles.

It is important to consider the material, heat and heat resistance of containers for moving. They must be stable and not open spontaneously.

There should be no unauthorized people in temporary storage premises. Access must be limited to persons responsible for disposal.

Removed structural medical organizations have grounds to temporarily store Class B waste on their territory. They can be placed in utility rooms, but in the future they must be sent to the medical facility. organization for the purpose of disinfection.

If storage is necessary for more than a day, prepared waste of class “B” must be placed in refrigerators, which cannot be used for any other purpose.

Disposal methods

Organic waste (from operating rooms and pathology departments) classified as class “B” is cremated or buried. There are special cemeteries for this purpose. This category of waste does not require preliminary disinfection.

What about other medical waste? They must be subjected to a disinfection procedure and only after that they are burned.

Some medical institutions have specially installed equipment designed for waste disposal. Smaller institutions use the services of third-party companies specializing in waste disposal.

Based on the above, we can distinguish two methods for neutralizing class “B” waste. These are decentralized and centralized methods.

The decentralized method is called disinfection on the territory of medical institutions. Accordingly, the centralized method involves disinfection in an area that is located outside the medical territory. institutions and involves transporting waste to the disposal site.

Transportation of waste to the disinfection site

Transportation of waste to disinfection sites is carried out specialized organizations. Vehicles used to transport Class B waste are used exclusively for this purpose. It is prohibited to transport waste of other classes or any other cargo in them.

It is noteworthy that class “B” waste that has undergone the disinfection procedure (marking about completion of the disinfection procedure is required) can be transported to the disposal site along with class “A” waste.

Containers for transporting waste are reusable. They are washed and disinfected for further use.

Waste accounting in the journal

SapPiN requires keeping logs for all types of waste to be disposed of. Each hazard class has its own form of this log.

Documents required to maintain such a journal:

  • The organization's technological logbook, which indicates all filled waste containers and their quantity.
  • Technological log of the amount of waste that is removed from the organization for further treatment and disposal. It also indicates the details of contracts with organizations transporting this waste.
  • Certificate indicating completion of the disinfection procedure. Also information about the organization conducting this procedure and the agreement with it.
  • A technological journal of a specific department of an organization in which a report on waste management is kept.

Disinfection of Class B waste

To neutralize waste, chemical or hardware methods are used. In the first case, the waste is exposed to powerful disinfectants; in the second, the waste is treated with high-temperature steam, and it is also exposed to radiation and electromagnetic radiation.

After waste has been decontaminated, tests are carried out to ensure its safety.

Also, solid waste materials remaining after the disinfection procedure are allowed to be placed in landfills for solid waste.

It is impossible to produce secondary raw materials, even already disinfected waste.

Transportation of waste from one country to another or its transit through the territory of other states takes place strictly in accordance with established requirements. This procedure is carried out on the basis of a special permit. It is worth considering all the nuances of transboundary waste movement.

Who needs permission

In 1989, Switzerland signed the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. 116 countries took part in it. For Russia, the convention came into force in 1995.

Transboundary movement of waste refers to its export from one country and import to another. To transport materials that are determined to be hazardous, it is necessary to be aware of all obligations and procedure details. The procedure for transboundary movement of waste is established by the Government Russian Federation.

For single transportation, legal entities are required to obtain permission. This document gives the right to import, export and transit hazardous products through countries that are parties to the Basel Convention.

It is required for the cross-border movement of the following materials:

  • medical training;
  • refined petroleum products;
  • used batteries;
  • pesticides and chemical substances that can harm the environment;
  • used tires, aluminum slag;
  • solid waste vegetable oils and others.

You can obtain the appropriate paper from Rosprirodnadzor. The document is valid until the end of the year of its issue. If you have a contract confirming the need for regular transportation of materials, you can issue a permit valid for 1 year.

For organizations that regularly engage in import and export dangerous products on the territory of the Russian Federation, it is possible to obtain a license for transboundary movement of waste. This document is issued by the Ministry of Industry and Trade. The license has no restrictions on the validity period.

How to register transboundary movement of waste

To obtain a transportation permit, the following requirements must be met:

  • collect the entire set of documents for the transported materials, which will contain a list of them, the purpose of transportation and the final destination;
  • make a hazard passport;
  • prepare the vehicle with special signs On him;
  • pay the state fee.

The document production period is 1 month. If during this time there are any changes in the planned route, the condition of materials, etc., a new permit will need to be issued.

  • Environmental consulting
  • Environmental design (EIA, PM EOS, SPZ)
    • Environmental Impact Assessment (EIA)
    • List of environmental protection measures (PM EOS)
    • Sanitary Protection Zone (SPZ) Project
  • Rationing (PNOOLR, MPE, VAT)
    • Draft standards for waste generation and limits on their disposal (PNOOLR)
    • Project maximum permissible emissions (MPE)
    • Draft standards for maximum permissible discharges (VAT)
  • Maintaining environmental accounting and reporting at enterprises (NVOS, 2-TP)
    • Calculation of fees for negative environmental impact (NEI)
    • Environmental reporting (Form 2-TP)
  • Preparation of packages of documents for waste classification and certification
  • Development of reclamation projects
  • For laboratories (PND F, QCA techniques)
  • Expert support on transboundary movement of waste, ozone-depleting and toxic substances, customs procedures for the destruction of goods
    • Transboundary movement of ozone-depleting substances (ODS) and products containing ozone-depleting substances
    • Transboundary movement of toxic substances
    • Customs procedure for destruction of goods
  • Conducting laboratory tests, research, technical diagnostics, certification of workplaces, measurements and analyzes of environmental objects
  • Confirmation of the assignment of types of production and consumption waste to a specific hazard class and their identification
  • Technical support and operation of information systems and components of information and telecommunication infrastructure
  • 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, this document Some clarifying additions have been made. 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 expert assessment documents required to obtain permission for transboundary movement of waste.

    When conducting research, it is indicated that goods transported by cross-border permit, are not subject to the Customs Union. All expert documents are issued in 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.

    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 Customs Union Commission and regulatory legal acts states - members of the Customs Union, issued in accordance with international treaties of the member states of the Customs Union, which establish 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 export and (or) import individual species goods that may have an adverse impact on the security of the state, the life or health of citizens, the 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.

    By 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 dated May 29, 2014) (hereinafter referred to as the unified list), and removal 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 export, hazardous waste, respectively).
    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 treaty on the transboundary movement of hazardous wastes (information on states that are parties to the Basel Convention, as well as those concluded international treaties posted on the official website of the Basel Convention on the Internet information and telecommunications network at the address: 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 environmental safe use these hazardous wastes;
    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 prescribed 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) draft conclusion (permit document), drawn up in accordance with methodological instructions on filling out a single form of conclusion (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 are applied by member states 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 dated 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 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). natural resources and ecology of the Russian Federation and the Federal Service for Supervision in the Sphere of Natural Resources.
    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 during international cooperation on issues related to the control of transboundary movement or transport of hazardous waste;
    Ministry of the Russian Federation for Civil Defense, Emergency Situations and Consequence Elimination natural Disasters– regarding the implementation of supervision over 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;
    submit proposals for appointment within 3 months 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”

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