On some issues related to the handling of ferrous and non-ferrous metal scrap and waste

In accordance with paragraph 7 of Article 2 of the Law of the Republic of Belarus dated July 20, 2007 No. 271-Z "On Waste Management" (hereinafter referred to as Law No. 271-Z), the relations arising in the process of managing ferrous and non-ferrous metal scrap and waste are regulated by acts of the President of the Republic of Belarus and other legislative acts regulating issues of managing ferrous and non-ferrous metal scrap and waste.

The procedure for accounting, storage, use and supply (shipment) of ferrous and non-ferrous metal scrap and waste is defined by the Regulation on the procedure for accounting, storage, use and supply (shipment) of ferrous and non-ferrous metal scrap and waste, approved by the Resolution of the Council of Ministers of the Republic of Belarus dated May 24, 2023 No. 341 "On the implementation of Decree of the President of the Republic of Belarus No. 93 dated April 10, 2023" (hereinafter referred to as Regulation No. 341).

Based on the fact that Regulation No. 341 defines the procedure for accounting, storage, use, supply (shipment) of ferrous and non-ferrous metal scrap and waste, the relations arising in the process of their management (including their accounting, storage, use) are not regulated by waste management legislation.

Based on the foregoing, information on ferrous and non-ferrous metal scrap and waste (including waste with code 3532201 "Spent lead-acid batteries, intact, with undrained electrolyte" (hazard class 1)) is not included in the documents required by waste management legislation (production waste inventory report, form POD-9 "Waste accounting book", form POD-10 "General waste accounting book", production waste management instructions, and others).

Relevant facilities where ferrous and non-ferrous metal scrap and waste are used are not subject to registration in the register of waste utilization facilities (except for cases of carrying out licensed activities in terms of utilization of hazard classes 1-3 waste, neutralization, disposal of waste).

At the same time, if waste containing ferrous and non-ferrous metals is not subject to use at the respective enterprises as scrap and waste of ferrous and non-ferrous metals (does not comply with the characteristics and technical requirements for scrap and waste of ferrous and non-ferrous metals established by standards), then the Ministry of Natural Resources considers it necessary in this case to handle the waste in question within the framework of waste management legislation (in particular, relations arising in the process of handling such waste are regulated by Law No. 271-Z and other legislative acts on waste management).

We also inform you that the state statistical reporting form 1-waste (Ministry of Natural Resources) "Report on production waste management" (hereinafter referred to as the report) is filled out in accordance with the Instructions for filling out the state statistical reporting form 1-waste (Ministry of Natural Resources) "Report on production waste management", approved by the resolution of the National Statistical Committee of the Republic of Belarus dated September 30, 2022 No. 90 (hereinafter referred to as the Instructions).

In accordance with paragraph 4 of the Instructions, the report does not include data on the volumes of, including, scrap and waste of ferrous and non-ferrous metals, except for those classified as waste of hazard classes 1-3.

Paragraph 5 of the Instructions defines the documents on the basis of which the report is filled out.

For reference:

According to paragraph 5 of the Instructions, the report is filled out based on data from the following primary accounting and other documents:

waste accounting books (form POD-9) and general waste accounting books (form POD-10) in accordance with Appendix 6 to the environmental norms and rules EcoNiP 17.01.06-001-2017 "Environmental Protection and Nature Management. Environmental Safety Requirements", approved by the resolution of the Ministry of Natural Resources dated July 18, 2017 No. 5-T (hereinafter referred to as EcoNiP);

production waste inventory report in the form according to Appendix 3 to the Instructions on the procedure for inventory of production waste, approved by the resolution of the Ministry of Natural Resources dated February 29, 2008 No. 17;

PCB inventory report in the form according to Appendix 19 to EcoNiP;

waybills;

acts of performed works under contracts for waste management services;

other primary accounting and other documents.

Summarizing the above, we inform that the report should include data on the volumes of ferrous and non-ferrous metal scrap and waste belonging to waste classes 1-3 of hazard (for example, waste with a code according to the general state classifier of the Republic of Belarus OKRB 021-2019 "Classifier of waste generated in the Republic of Belarus", approved by the resolution of the Ministry of Natural Resources and Environmental Protection dated September 9, 2019 No. 3-T (hereinafter - OKRB 021-2019), 3532201 "Spent lead-acid batteries, intact, with undrained electrolyte" (hazard class 1)).

According to paragraph 3 of Article 17 of Law No. 271-Z, the classification (identification) of waste is carried out in accordance with the classifier of waste generated in the Republic of Belarus, approved by the Ministry of Natural Resources and Environmental Protection (in particular, OKRB 021-2019).

Economic entities should carry out the classification (identification) of waste, including ferrous and non-ferrous metal scrap and waste, belonging to waste classes 1-3 of hazard (if it is necessary to reflect data on the volumes of corresponding ferrous and non-ferrous metal scrap and waste in the report), taking into account the basic rules for waste identification reflected in sub-paragraphs 4.1-4.11 of paragraph 4 of OKRB 021-2019.