On the procedure for carrying out administrative procedures in the field of waste management

In accordance with the unified list of administrative procedures carried out in relation to business entities, approved by the Resolution of the Council of Ministers of the Republic of Belarus of September 24, 2021 No. 548 "On administrative procedures carried out in relation to business entities" (hereinafter referred to as the Unified List of Administrative Procedures), regional committees for natural resources and environmental protection; city, city and district, district inspectorates for natural resources and environmental protection carry out five administrative procedures for waste management in relation to business entities:

6.26.1 "Approval of the instructions for waste management";

6.35.1 "Obtaining a conclusion on the possibility of destroying goods intended for release under the customs procedure of destruction";
6.36.1 "Obtaining a permit for storage and disposal of production waste";
6.36.2 "Making changes to the permit for storage and disposal of production waste";
6.36.3 "Obtaining a duplicate of the permit for storage and disposal of production waste".

The time limits for carrying out administrative procedures and the type of fee charged for their implementation are established in the Unified List of Administrative Procedures. The state fee for carrying out the procedures is paid to the relevant budget at the place where the legally significant action is performed.

The relations arising from the implementation of administrative procedures are regulated by the Law of the Republic of Belarus of October 28, 2008 No. 433-Z "On the basics of administrative procedures" (hereinafter referred to as the Law) and other legislative acts.

Paragraph 5 of Article 14 of the Law defines the information that must be contained in the application of a business entity submitted in writing: the name of the authorized body to which the application is submitted; information about the interested party: registration number in the Unified State Register of Legal Entities and Individual Entrepreneurs, the name of the state body, other state organization that carried out the state registration of the business entity, the name and location of the legal entity and individual entrepreneur, the name of the administrative procedure, the list of documents and (or) information submitted with the application, information on payment, and other information.

By Resolution of the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus No. 3 dated 14.01.2022, under sub-clauses 6.26.1, 6.36.1, 6.36.2, and 6.36.3, administrative procedure regulations for waste management have been approved.

The procedure and conditions for carrying out administrative procedures in the field of waste management (registration of transactions, issuance of permits, approval of instructions, schemes) are defined by the Resolution of the Council of Ministers of the Republic of Belarus No. 818 dated 28.11.2019 "On the Procedure for Waste Management".

For business entities interested in the destruction of goods intended for release for the customs procedure of destruction, by Resolution of the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus No. 5 dated 14.01.2022, under sub-clause 6.35.1, the regulation "Obtaining a conclusion on the possibility of destroying goods intended for release for the customs procedure of destruction" has been approved.

The administrative procedure regulations for waste management define:
the specifics of carrying out administrative procedures;
the list of documents and (or) information provided by business entities;
the requirements for the document and (or) information;
the form and procedure for submitting the document and (or) information;
regulatory legal acts governing the procedure for carrying out the administrative procedure;
the names and validity periods of the issued document;
and other information.

More details on the administrative procedure regulations for waste management can be found here.

For citizens (individuals), in accordance with Decree of the President of the Republic of Belarus No. 200 dated April 26, 2010, regional committees for natural resources and environmental protection also carry out the administrative procedure under sub-clause 16.1 "Obtaining a conclusion on the possibility of destroying goods intended for release for the customs procedure of destruction of administrative procedures".

The procedure for issuing conclusions on the possibility of destroying goods intended for release for the customs procedure of destruction, for legal entities and individuals, including individual entrepreneurs, is defined by Resolution of the Council of Ministers of the Republic of Belarus No. 172 dated 25.03.2022.