The procedure of transportation of dangerous wastes across the border of the RF is regulated by provisions of the Rules of transboundary transportation of wastes approved by the decree of the government of the RF of July 17, 2003 ¹ 442. They set forth the procedure of import of dangerous and other wastes to the territory of our country with a view to ensuring environmental safety of their use, the procedure of export of such wastes from the territory of the country, as well as transitional transportation of wastes along the territory of the Russian Federation.
Import or export of dangerous wastes across the border of Russia requires relevant permission for transboundary transportation of wastes granted by competent territorial bodies of the Ministry of natural resources of the RF.
The list of all the dangerous wastes, whose transportation to the territory (from the territory) of our country requires permission for transboundary transportation of wastes, can be found in the appendix ¹1 to the abovementioned Rules. According to the law-maker, they include various wastes of metals and alloys, cinders containing precious metals in different ratios, catalysts whose useful life is up, slags, formed in the process of zinc and copper production, and other wastes. After obtaining permission for transboundary transportation of wastes, the Ministry of Economic Development and Trade grants, on the ground of this permission, a relevant license permitting to carry out such kind of activity. At the same time, it is necessary to mention that permission for transboundary transportation of wastes is not granted for all the kinds of wastes. There is also a list of some kinds of especially dangerous wastes whose transportation across the border of our state is totally prohibited.
So, what should be undertaken to obtain permission for transboundary transportation of wastes? To obtain it, the applicant must submit to a relevant territorial body of the Ministry of Natural Resources of the Russian Federation the following documents:
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Application for grant of permission for transboundary transportation of wastes as such, properly executed. The application must contain the name of the waste which is to be transported (taken from the federal waste classification catalogue), its quantity, the code of the Foreign Economic Activity Commodity Classification of the Russian Federation, as well as the list of the countries concerned participating in transboundary transportation of wastes.
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Copies of all the foundation documents, as well as the copy of the certificate of state registration of the legal person applying for permission, or the copy of the certificate of the state registration of the sole proprietor.
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Copy of the certificate of the registration of the applicant with the relevant tax authority.
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Notification of the future transboundary transportation of wastes. (submitted in three copies)
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Accompanying documents on the waste transportation.
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Copies of the license for the right to carry out the activity in the field of dangerous wastes handling, as well as that of the special certificate of the dangerous waste.
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Copies of the transportation contract (agreement) and the contract concluded between the exporter and the person responsible for the acceptance of wastes that must specify environmentally safe methods of the use of these wastes;
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Permission of the authorized body of the state to whose territory the wastes will be imported. What body exactly is authorized to grant such permission is specified in Basel Convention. Such permission is only required in case the wastes are exported from the territory of the Russian federation.
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The copy of the document that confirms securing by the applicant of all the guarantees specified in the rules developed in accordance with the clause 11 of the Article 6 of the Basel Convention.
When filing an application for obtaining permission for transboundary transportation of wastes all notarially uncertified copies of documents are submitted with originals.
The list of necessary documents is exhaustive, and legislation forbids requiring applicants to submit any other documents that are not included in this list.
In case of submission of false or inaccurate information the punishment is imposed on the applicant in accordance with the effective legislation of the Russian Federation.
Decision on the grant or refusal of permission for transboundary transportation of wastes must be made by the territorial body of the Ministry of natural resources of the RF during 30 days from the moment of receiving the application and all the necessary documents.
For more detailed information, please, contact us:
Moscow: tel: + 7 (495) 644-40-34; fax: + 7 (495) 660-94-83;
Saint-Petersburg: tel/fax + 7 (812) 303-86-00;
Vladivostok: Tel.: + 7 (4232) 42-91-86.
