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 and licensing. Value added tax and excises are paid by participants in foreign economic activity when goods are imported into the territory of the Russian Federation. When exporting goods, the exporter is entitled to a refund of value added tax when taxed in accordance with Article 165 of the Tax Code. In fact, this right provides the international practice of providing protection against double taxation of goods when moving across the border, the essence of which is that value added tax is paid only when goods are imported.

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

Import into the territory of the Russian Federation of hazardous waste specified in Annex No. 1 to the Rules for the purpose of their use and export from the territory of the Russian Federation of hazardous waste specified in Annexes No. 1 and 2 to the Rules are 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 the permission of 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, such types of waste as used tires, aluminum slag, used batteries, etc. fall under the scope of this decree. However, it is worth considering that the export of waste indicated in these lists is practically devoid of commercial sense due to lack of demand. Licensing of the transboundary movement of hazardous wastes does not practically apply to types of secondary raw materials, the export of which would increase the volume of their use or collection, although in some rare cases, this can become a significant barrier to the export of, say, scrap lead batteries.

Despite possible obstacles, the licensing of transboundary movement of hazardous wastes is in line with international agreements, and the handling of such hazardous wastes in any case requires a license to handle hazardous wastes.

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 the Customs Tariff". 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 for the main types of waste.

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

Customs duties are widely used as the main tool for regulating foreign economic activity. Export duties are a tool to limit 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 any reason. Scrap and waste of non-ferrous metals (copper, aluminum, nickel, etc.) are subject to the greatest pressure from export duties. Non-ferrous metals are widely used in high-tech industries: defense, aerospace, electrical, 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 of the raw materials abroad. A similar situation develops with waste and scrap of ferrous metals.

For procurement enterprises, this, first of all, means a decrease in the profitability of the main activity. At the same time, it should be taken into account that wastes subject to high export duties are used in the best possible way. This is due to the fact that in recent years the depth of processing of ferrous and non-ferrous metals waste has increased markedly. Many purveyors and processors of secondary metals produce products with high added value and, as a rule, these products no longer belong to the waste group. An example of this is the situation with the processing of scrap and aluminum waste. Many procurement enterprises have production facilities and produce aluminum alloys, both for domestic consumers and for export. If previously mainly secondary group AB alloys were produced, which are used mainly as a deoxidizer in ferrous metallurgy, now high-quality aluminum alloys are produced for various branches of engineering, both for casting and for pressure treatment. Low-quality aluminum scrap and waste (aluminum cans, laminated foil, etc.) are now used as a deoxidizer, and a number of enterprises use high-tech equipment to process them, 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. they 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%, against 50% for waste), which further stimulates the deep processing of waste.

With regard to waste and scrap of ferrous metals, the situation is somewhat different. The processing of black scrap into products of higher consumer properties requires much 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-production facilities around the world that meet local needs for long products, in Russia this practice is just beginning to emerge. The bulk of the buyers of scrap and waste of ferrous metals actually only prepares raw materials for smelting, i.e. for delivery to metallurgical plants. It is practically impossible to organize production for the deep processing of black scrap without significant capital costs, and often has all sorts of restrictions on the part of energy supply and environmental standards. In addition, the supply of metal products in the domestic market currently exceeds demand, which also reduces the investment attractiveness of such projects.

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

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

Permits are not required for all types of work. 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 engineering networks, landscaping, where the volume of soil and waste does not exceed 50 m3, it is not required to open permits and these wastes are disposed of in the usual way, it is enough to conclude an agreement with a company that transports garbage to landfills. In the case of large volumes, you will need to issue permits.

Ground Movement Permit

If your types of work require a large volume of soil movement in Moscow, a mandatory opening of a 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 a different hazard class, and it is prohibited by law to unload toxic soils into clean landfills. As well as dumping broken bricks and concrete in the nearest forest.

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

1. Engineering and environmental conclusion (sometimes called Sanitary and epidemiological) with tables on the hazard class of soils.
2. Geotechnical survey with longitudinal sections by soil types
3. Building permit
4. Estimated documentation (not needed in full, but only the part where the movement of the soil and the cover are indicated)

Permit for movement of construction and demolition waste

If you generate construction waste during construction and demolition of a facility that needs to be disposed of, you need to open a waste transfer permit with the Department of Buildings.

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

The Technical Regulations also indicate the types of waste, methods of disposal or processing, 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 a contractor. To do this, you must obtain the following list of project documentation from the customer:

1. Technological regulations for waste management.
2. Building permit
3. Estimate documentation (not needed in full, but only the part that indicates the movement of garbage and the cover)

To obtain a permit for the movement of soil, it is necessary to submit a package of documents to the One Stop Shop Service of the Construction Department and duplicate them electronically on a PDF disk.

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

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 pathoanatomical, operational waste, waste resulting from the development and production of vaccines and vaccinations, as well as food waste from infectious diseases departments.

Waste class "B" is an epidemiological hazard.

Places where medical waste is generated

Places where class B medical waste is generated include:

• Pathological departments
• Operating
• Dressing and procedure points
• Department of dermatology and infection
• Laboratory organizations (group 3-4 pathogenicity of bacteria)

Collection, movement and temporary storage of Class B waste

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

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

The head of the enterprise must, without fail, draw up and approve an instruction that contains instructions for handling waste at all stages of contact with it. In this instruction it is also necessary to 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. Sharp 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 forbidden to make physical impact on waste before neutralization
• It is forbidden to close used syringes with caps
• It is unacceptable to transfer waste from one container to another
• Compaction of 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 the immediate vicinity of heating devices.

During one working shift, it is necessary to collect all waste and send it for further recycling. Single-use containers can be filled within 3 days, unlike packages. 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 person in charge of waste collection tightly closes the lids of the containers and ties the bags with special ties.

Prepared containers and packages are marked with the date, the name of the organization and the initials of the person in charge of a particular shift. It is also necessary to indicate that this is Class B waste.

Waste is transferred to the place of storage or further treatment by placing it in special containers. Then they are transported either to the place of further circulation or to the places of temporary storage before being exported by specialized vehicles.

It is important to take into account the material, thermal and heat resistance of containers for movement. They must be stable and not open spontaneously.

Unauthorized people should not be in temporary storage rooms. Access must be restricted to persons responsible for disposal.

Remote structural medical organizations have a reason to temporarily store Class B waste on their territory. You can place them on the territory of utility rooms, but in the future they must be sent to the honey. organization for the purpose of disinfection.

If it is necessary to store more than a day, the prepared Class B waste must be placed in refrigerators, which cannot be used for any other purposes.

Disposal methods

Waste of an organic nature (from operating rooms and pathoanatomical departments) belonging to class "B" is cremated or buried. There are special cemeteries for this. This category of waste does not require preliminary disinfection.

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

On the territory of some medical institutions, specially equipped equipment designed for waste disposal is installed. Smaller institutions use the services of third-party companies specializing in waste disposal.

Based on the foregoing, there are two ways to neutralize Class B waste. These are decentralized and centralized ways.

The decentralized method is called disinfection on the territory of medical institutions. Accordingly, the centralized method implies disinfection at a site that is outside the territory of the honey. institutions and involves transporting waste to a disposal site.

Transportation of waste to the place of disinfection

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

It is noteworthy that class “B” waste that has undergone a disinfection procedure (marking that it has passed the disinfection procedure is required) can be transported to the burial site along with class “A” waste.

Containers for transportation of waste - reusable. They are washed and disinfected for further use.

Waste accounting in the journal

SapPiN obliges to keep 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:

• Technological journal of the organization, which indicates all filled containers with waste, their number.
• Technological log of the amount of waste that is removed from the organization for further handling and disposal. It also indicates the data of contracts with organizations transporting these wastes.
• Certificate indicating the passage of the disinfection procedure. Also, the data of the organization conducting this procedure and the contract with it.
• The technological log of a specific department of the organization in which a report is kept on waste management.

Disinfection of waste class "B"

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

After the waste has been decontaminated, tests are carried out to make sure it is safe.

Also, solid salvage left after the disinfection procedure is allowed to be placed in landfills for MSW.

Secondary raw materials, even already decontaminated waste, cannot be produced.

Transboundary movement of waste

Cross-border movement of waste is the transport of waste from the territory of one state to the territory of neighboring countries or their transit. The transboundary movement of waste provides for the participation of at least two states.

In order to carry out activities on transboundary movement of waste, it is necessary, being 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:

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

Together with the instructions on the standard principle of the conclusion form, a separate format of an authorization document was developed that regulates any movement of individual goods. This document is included in the Unified List of Goods, which 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 commonwealth with the EurAsEC and within trade relations with third countries.

The unified list was approved by the 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 nature management. The terms of consideration are about one month from the date of submission of the application with a complete set of documents certified by a notary.

Federal State Budgetary Institution "FCAO" deals with issues of environmental safety and is always ready to assist in the expert assessment of the documents required to obtain a permit for transboundary movement of waste.

When conducting research, it is indicated that goods transported under a cross-border permit are not subject to 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 required to obtain a permit for the transboundary movement of waste.

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

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 entered into force in 1995.

The transboundary movement of waste refers to their export from one country and import to another. For the transport of materials that are defined as dangerous, it is necessary to be aware of all obligations and details of the procedure. The procedure for transboundary movement of waste is established by the Government of the Russian Federation.

For a single transportation, legal entities are required to obtain a permit. 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 practices;
• refined petroleum products;
• used batteries;
• pesticides and chemicals that can harm the environment;
• used tires, aluminum slag;
• solid waste of vegetable oils and others.

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

For organizations that regularly import and export hazardous 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 expiration dates.

How to arrange a transboundary movement of waste

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

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

Document production time - 1 month. If during this time there are any changes in the planned route, the state of materials, etc., a new permit will be required.