Scheme of illegal circulation of scrap non-ferrous metals. On approval of rules for handling scrap and waste of ferrous metals and their alienation
The acceptance certificate is drawn up in 2 copies (one is given to the person delivering the scrap and waste of non-ferrous metals, the second remains with the person carrying out the acceptance).
These acts are documents of strict accountability and must have continuous numbering.
12. Acceptance acts are registered in the accounting book of acceptance acts (hereinafter referred to as the accounting book).
The pages of the accounting book must be numbered and laced. On the reverse side of the last sheet the following is written:
“This ledger book has ___pages numbered and bound together.” The record is certified by the signatures of the head and chief accountant of the legal entity (individual entrepreneur) receiving scrap and non-ferrous metal waste, and a seal (if there is a seal).
13. On the first page the accounting book should contain:
a) name "Book of registration of acceptance and delivery acts";
b) name and location of the legal entity (individual entrepreneur) receiving scrap and non-ferrous metal waste;
c) the entry “Started” indicating the date of making the first entry in the accounting book about the acceptance of scrap and waste of non-ferrous metals;
d) the entry “Completed” indicating the date of entry into the accounting book of the last entry on the acceptance of scrap and waste of non-ferrous metals;
e) the entry “The person responsible for maintaining this accounting book” indicating the position, surname, name, patronymic of this person, his signature and date.
14. For each case of acceptance of scrap and non-ferrous metal waste, the following information is entered into the accounting book:
a) registration number of the acceptance certificate;
b) date of acceptance of scrap and non-ferrous metal waste;
c) information about the person delivering scrap and waste:
when receiving from a legal entity and individual entrepreneur - name and location;
when receiving from individuals - last name, first name, patronymic, place of permanent residence, details of an identity document;
d) details of the waybill (for a legal entity and an individual entrepreneur), and when accepting various equipment - also details of a certificate about the write-off of this equipment and its deregistration;
f) data on testing scrap and waste non-ferrous metals for explosion safety and on radiation monitoring with the signature of the persons who carried out the testing (control);
g) percentage of contamination of accepted scrap and non-ferrous metal waste;
h) weight of accepted scrap and waste non-ferrous metals;
i) signature of the person who made the entry in the book.
15. The accounting book and acceptance certificates must be stored at the facility for the reception of scrap and waste of non-ferrous metals for 5 years from the date of the last entry on the acceptance of scrap and waste of non-ferrous metals.
16. Responsibility for the timely and correct preparation of acceptance certificates and making entries in the accounting book, the accuracy of the information contained therein, and checking the legality of the delivery of scrap and waste of non-ferrous metals lies with the official responsible for the acceptance of scrap and waste of non-ferrous metals, or an individual entrepreneur.
17. Payment for accepted scrap and non-ferrous metal waste is carried out in accordance with the legislation of the Russian Federation.
18. Selection (extraction) of associated scrap and ferrous metal waste when processing scrap or non-ferrous metal waste is carried out by a legal entity and individual entrepreneur processing scrap and non-ferrous metal waste.
Accompanying scrap and ferrous metal waste selected (extracted) from scrap and waste of non-ferrous metals can be alienated in accordance with the legislation of the Russian Federation.
19. Storage of household (accepted from individuals) and industrial scrap and non-ferrous metal waste is carried out separately.
IV. The procedure for accounting for alienated scrap and waste of non-ferrous metals
20. Legal entities and individual entrepreneurs accepting scrap and waste of non-ferrous metals must organize accounting of alienated scrap and waste.
21. Each shipment of alienated scrap and non-ferrous metal waste must be registered in the register of shipped scrap and non-ferrous metal waste, which indicates:
a) name and details of the consignee;
b) car number, state registration plate of a car or other vehicle (depending on the type of transport);
c) date of shipment;
d) type of scrap and non-ferrous metal waste;
e) the weight of the consignment transported by the vehicle;
e) number of the waybill.
22. Entries in the register of shipped scrap and non-ferrous metal waste are made on the basis of primary accounting documents.
V. Documents required when transporting scrap and waste non-ferrous metals
23. The conclusion of an agreement for the transportation of scrap and non-ferrous metal waste is carried out by the transport organization only with the owner of the scrap and non-ferrous metal waste.
24. When transporting scrap and waste non-ferrous metals, the carrier organization (transport organization or legal entity and individual entrepreneur carrying out transportation using their own transport) and the consignor must provide the driver of the vehicle or the person accompanying the cargo with the following documents:
a) when transporting scrap and non-ferrous metal waste by a transport organization:
waybill;
waybill;
certificate of explosion safety of scrap and waste of non-ferrous metals in the form according to Appendix No. 2;
b) when transporting by legal entities and individual entrepreneurs scrap and waste non-ferrous metals, the acceptance of which is carried out in accordance with these Rules, or scrap and waste non-ferrous metals processed and prepared for use, or scrap and waste non-ferrous metals generated by them during the production process and consumption:
a notarized copy of the license obtained in accordance with the Regulations on licensing activities for the procurement, processing and sale of non-ferrous metal scrap;
waybill (except for individual entrepreneurs);
waybill and notarized copies of documents confirming ownership of transported scrap and waste of non-ferrous metals;
certificate of explosion safety of scrap and waste of non-ferrous metals in the form provided for in Appendix No. 2 to these Rules.
25. The bill of lading shall indicate:
b) name and details of the shipper; Appendix No. 1
to the Rules of Appeal
with scrap and non-ferrous waste
metals and their alienation
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Appendix No. 2
to the Rules of Appeal
with scrap and non-ferrous waste
metals and their alienation
(as amended on December 15, 2016)
Note. The stamp is affixed if available.
Reception of scrap metal is an activity that requires obtaining permits. Individual entrepreneurs and legal entities that meet a number of requirements for commercial space, location, equipment, etc. have the right to conduct it. The standards for handling scrap ferrous and non-ferrous metals are prescribed in Decree of the Government of the Russian Federation No. 369 of May 11, 2001.
The “Rules for Handling Scrap and Waste Metals” describe in detail the requirements for organizing reception, collection and storage. One of them states: a scrap metal collection point must have a license and a notarized copy of an extract from the Unified State Register of Legal Entities, which it must present upon request of clients and regulatory authorities. These documents confirm the legality of business activities, and they can be obtained from authorized government agencies: the Department of Natural Resources and Environment and the Federal Tax Service.
Equipment requirements
Illegal acceptance of scrap metal is not only work without registration with the Tax Service, but also conduct of commercial activities in violation of current rules of acceptance and accounting. One of the most important is ensuring radiation control at the enterprise in order to ensure the safety of people and the environment. Each batch of incoming scrap ferrous and non-ferrous metals must be checked using radiometers, as well as more compact wearable dosimeters and alarms.
For all types of mandatory equipment (radiometers, spectrometers, high-precision electronic scales) it is necessary to have documents: technical passport, calibration certificates, etc. Also, in accordance with the Decree of the Government of the Russian Federation, press shears, a press for baling scrap metal or an installation for crushing and sorting metal waste will be required.
Requirements for the site and personnel
Most illegal scrap metal collection points are located on the outskirts of the city, in garage cooperatives or in hangars in an industrial zone. However, for legal work an area of at least 200 square meters is required. m (land plot size – from 500 sq. m). Otherwise, obtaining a license will be denied, which means that small collection points a priori cannot operate legally.
Strict requirements are also imposed on employees. These should include:
- inspector of metal waste and scrap, category II;
- press operator of the first category;
- a qualified specialist who conducts radiation monitoring of scrap metal batches and checks them for explosion safety.
Workers must undergo professional training and certification before starting work.
Licensing of activities
Licensing of collection points, processing and disposal of metal waste is carried out by the Department of Natural Resources and Environmental Protection. But in different subjects of the federation, different executive authorities are responsible for processing documents: for example, the Committee for Economic Development, Industrial Policy and Trade in St. Petersburg, the Ministry of Industry and Transport of the Republic of Udmurtia or the Ministry of Industry and Innovation of the Republic of Tatarstan.
A written application and a package of necessary documents must be sent to the licensing authorities by mail or presented during a personal visit. Executive bodies are required to review the documentation within 3 days of receipt, accepting the license for registration or refusing with justification of reasons.
Required documents
Licenses for receiving ferrous and non-ferrous metals will have to be issued separately, having prepared two packages of documents. But the set of papers is standard:
- constituent documents (charter of the organization, constituent agreement, etc.);
- passport of a citizen of the Russian Federation - for individual entrepreneurs;
- extract from the Unified State Register of Legal Entities or Unified State Register of Individual Entrepreneurs;
- certificate of tax registration at the place of registration;
- receipt of payment of state duty;
- name of the type of activity subject to licensing;
- documents for commercial space;
- equipment technical data sheets;
- documents confirming sufficient qualifications of employees, etc.
The amount of state duty is fixed. It is 7,500 rubles, but the cost of registration can increase many times over when contacting intermediaries who provide assistance in preparing and submitting documents for consideration.
Illegal scrap trafficking
Licensing scrap metal collection activities is a complex and lengthy procedure. It requires significant costs for training staff and equipping commercial space, and also takes a lot of time. Therefore, unscrupulous entrepreneurs disguise their activities as ones that do not require the issuance of permits. For example, for the sale of scrap metal obtained during our own production.
The high level of criminalization in this area is due to the relative leniency of punishment: administrative liability is provided for the illegal acceptance of scrap metal, that is, for conducting business activities without registration. In accordance with Art. 14.1 of the Code of Administrative Offenses of the Russian Federation, the absence of state registration and license is subject to a fine in the amount of 500 to 2000 rubles. But in exceptional cases, it is possible to attract criminal kinship.
Liability for improper circulation of scrap metal
In addition to administrative fines that punish small collection points operating without registration, more serious sanctions are provided. They apply even to licensed organizations, since illegal handling of scrap metal also means its acceptance and storage in violation of legal norms.
The following penalties are provided:
- a fine in the amount of 2,000 to 100,000 rubles. with confiscation of items of the offense in case of improper handling of scrap metal (Article 14.26 of the Administrative Code);
- fine from 1,000 to 200,000 rubles. or suspension of activities for up to 90 days in case of non-compliance with requirements in the field of environmental protection (Article 8.2 of the Administrative Code);
- fine from 3,000 to 80,000 rubles. or suspension of activities for up to 90 days in case of damage to land as a result of improper handling of metal waste (Article 8.6 of the Administrative Code).
However, illegal circulation of scrap metal is its acceptance and sale without the appropriate permit. This offense sometimes carries a prison sentence.
Criminal liability for working without a license
The peculiarity of modern legislation is that there is no special punishment for the illegal acceptance and circulation of scrap ferrous and non-ferrous metals. Therefore, it is difficult to hold reception points operating without registration and permits to real liability, especially small ones. Holders of such acceptances get off with minor administrative fines, and scrap metal cannot be confiscated.
One of the options for toughening punishment is to bring entrepreneurs to criminal liability under Art. 171 of the Criminal Code of the Russian Federation “Illegal entrepreneurship”. In this case, law enforcement agencies will have to prove that the collection point received large amounts of income from its work. In this case, working without a license faces a fine of up to 300,000 rubles. or arrest for up to six months. Income will be determined based on the average cost of detected scrap and accounting documents.
Other types of criminal liability
Illegal purchase and sale of scrap metal is inextricably linked with many offenses. Illegal business entails tax evasion, which is also criminally punishable. In accordance with Art. 199 of the Criminal Code of the Russian Federation, an initially detected offense is punishable by a fine of 100,000 to 300,000 rubles, arrest for up to six months, or imprisonment for up to 2 years.
If a crime is committed by several persons by prior conspiracy, and large amounts of income are received in the process of entrepreneurship, the fine increases to 500,000 rubles, and the term of imprisonment can reach 6 years with a ban on conducting commercial activities for up to 3 years after release. Large income is considered to be from 5 million rubles, received within 3 years from the date of the start of the purchase and sale of scrap metal.
Punishment for individuals
According to current legislative norms, not only illegal collection points, but also ordinary citizens can be punished for illegal trafficking in scrap metal. Due to insufficient legal awareness, they systematically participate in the illegal trade in scrap, delivering waste obtained from open sources to specialized points. It is legal to alienate metal waste, the ownership of which can be documented (Article 13.1 of the Federal Law “On Production and Consumption Waste”).
Abandoned scrap metal can be turned into the property of an individual if it is located on a plot of land that he owns. Scrap found by a person in landfills, fields, or garden plots cannot be turned into his property, so its delivery is formally considered illegal and in some cases entails administrative liability.
To date, a fairly developed regulatory legal framework has been created at the federal level to regulate the turnover of scrap non-ferrous and ferrous metals and the activities of the four categories of market participants mentioned above. It includes: the Civil Code of the Russian Federation, the Federal Law “On Production and Consumption Waste”, the Federal Law “On Licensing of Certain Types of Activities”, the Code of the Russian Federation on Administrative Offenses, as well as regulatory legal acts adopted by the Government of the Russian Federation and state authorities of the constituent entities RF.
The Federal Law “On Production and Consumption Waste” was adopted in 1998. It laid the legal foundations for the rational 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 in economic circulation as additional sources of raw materials, determined the corresponding powers of government bodies of the Russian Federation and constituent entities of the Russian Federation, local governments.
“Scrap and waste of non-ferrous and (or) ferrous metals means products made of non-ferrous and (or) ferrous metals and their alloys that have become unusable or have lost their consumer properties, as well as defective defects that arose during the production of these products. Metal slag, i.e. the frozen residue on the surface of the metal does not belong to the category of scrap metal and therefore the activities for its processing and sale do not require special permission.” Scrap and waste of non-ferrous metals and alloys. Terms and definitions: GOST 18978-73: - M.: Standards Publishing House, 1997. P. 245.
The basic principles of state policy in the field of waste management are the integrated processing of material and raw materials in order to reduce the amount of waste; the use of methods of economic regulation of activities in the field of waste management in order to reduce the amount of waste and involve them in economic circulation, i.e. understanding of the environmental issues of waste management is consolidated and the priority of professional waste disposal, including metal waste, is emphasized.
The right of ownership of waste belongs to the owner of raw materials, materials, semi-finished products, other items or products, as well as goods (products) as a result of the use of which this waste was generated. It can be acquired by another person on the basis of a purchase and sale agreement, barter, donation or other transaction for the disposal of waste.
If waste is abandoned by the owner or otherwise left by him in order to renounce ownership of it, the person who owns, is in possession or is in use of the land plot, reservoir or other object where the abandoned waste is located may turn it into his own. property by starting to use them or performing other actions indicating their conversion into property.
Individuals may, in the manner established by the legislation of the Russian Federation, alienate scrap and waste non-ferrous metals generated by the use of non-ferrous metal products in everyday life and belonging to them by right of ownership, according to the list of those permitted for acceptance from individuals, approved by the state authorities of the constituent entities of the Russian Federation.
Legal entities and individual entrepreneurs can handle scrap and non-ferrous metal waste and dispose of it if there are documents confirming their ownership of the said scrap and waste.
The Civil Code of the Russian Federation (Civil Code of the Russian Federation) defines cases of acquisition of rights to scrap and waste that the owner has refused. In particular, Article 226 of the Civil Code of the Russian Federation defines the concept of abandoned things. These include, firstly, things that were abandoned, and moreover, by their owner. Secondly, things left by the owner should not be the object of active activity. Thirdly, both throwing away a thing and leaving it must pursue a specific purpose, namely the purpose of renouncing ownership. Only such things can be converted into their own property by other persons.
This article divides all abandoned items into two categories. One of them consists of low-value items, which includes scrap metals, industrial waste and other waste. The right of ownership to abandoned items belonging to this category is acquired when they begin to be used or perform other actions indicating that the item has become a property. But this right can only be acquired by a person who owns, possesses or uses a plot of land, a body of water or another object where abandoned waste is located.
The Federal Law “On Licensing of Certain Types of Activities” provides for licensing of the procurement, processing and sale of non-ferrous metal scrap and the procurement, processing and sale of ferrous scrap metal, as well as hazardous waste management activities. Therefore, professional recyclers of waste and scrap non-ferrous and ferrous metals must obtain three licenses to obtain the right to engage in the processing of metal waste:
The right to engage in activities for the procurement, processing and sale of scrap non-ferrous metals;
The right to engage in activities for the procurement, processing and sale of scrap ferrous metals;
The right to engage in activities related to the collection, use, neutralization, transportation, and disposal of hazardous waste.
The Code of the Russian Federation on Administrative Offenses determines the liability of individuals and legal entities for violating the rules for handling scrap and waste of non-ferrous and ferrous metals.
The Code provides for the following types of liability for the offenses listed in the proposed draft in the field of scrap turnover:
Articles 14.1 and 19.20 - for carrying out business activities without a license or in violation of the conditions provided for by the license;
Articles 19.4, 19.5, 19.7 and 19.8 - for failure to provide information to a state body and failure to comply with the order of an official of the body exercising state supervision;
Article 19.19 - for violations of the requirements of state standards.
The Code of Administrative Offenses of the Russian Federation also establishes the amount of the fine (Article 3.5), the timing and procedure for executing the decision to impose an administrative fine (Article 32.2).
In accordance with the provisions of Article 14.26 of the Code of Administrative Offenses of the Russian Federation, violation of the rules for handling scrap and waste of non-ferrous and ferrous metals (reception, accounting, storage, transportation), as well as their alienation, entails the imposition of an administrative fine on citizens in the amount of twenty to twenty-five with confiscation of administrative items offense or no offense; for officials - from forty to fifty with or without confiscation of items of an administrative offense; for legal entities - from five hundred to one thousand with or without confiscation of the items of the administrative offense.
The procedure for handling and disposal of scrap and ferrous metal waste is determined by the “Rules for handling scrap and ferrous metal waste and their alienation”, approved by Decree of the Government of the Russian Federation of May 11, 2001 No. 369. According to these rules, an acceptance certificate is drawn up for each batch, which is a document of strict accountability. During the recycling process, the rules oblige the selection (extraction) of associated scrap and waste non-ferrous metals with the execution of the corresponding act. When transporting scrap and waste ferrous metals, the cargo must be accompanied by documents establishing ownership and an explosion safety certificate. In accordance with the rules, no one has the right to harvest ownerless scrap, since in this case the specified documents will be missing.
Decree of the Government of the Russian Federation dated May 11, 2001 No. 370 “On approval of the rules for handling scrap and waste of non-ferrous metals and their alienation” put into effect the Rules regulating the organization, procedure for receiving and accounting for scrap and waste of non-ferrous metals, as well as a list of documents and their forms.
Government Decree No. 552 of July 23, 2002 “On approval of the regulations on licensing the procurement, processing and sale of scrap non-ferrous metals” establishes requirements for enterprises engaged in secondary non-ferrous metals.
Government Decree No. 553 of July 23, 2002 “On approval of the regulations on licensing the procurement, processing and sale of scrap ferrous metals” establishes requirements for enterprises dealing with secondary ferrous metals. The provision does not apply to wholesale trade in ferrous scrap metal (transit deliveries).
The main licensing requirements and conditions for the procurement, processing and sale of non-ferrous metal scrap are:
The presence at each facility of the licensee in ownership or on another legal basis of a land plot, premises and other property used as means of production, including:
Indoor warehouses equipped with lifting mechanisms and devices for separate storage of various types of non-ferrous metals;
Weighing and other metrological equipment included in the state register;
Dosimetric equipment permitted for industrial use, included in the state register;
The presence of a certified laboratory at at least one licensee’s facility within the territory of a constituent entity of the Russian Federation to determine the chemical composition of non-ferrous metal scrap and products made from it;
Availability of appropriately qualified specialists for the licensee to work with the equipment used.
At the level of the constituent entities of the Russian Federation, numerous acts have been adopted regulating the procedure for the circulation of scrap and waste of non-ferrous and ferrous metals. “So, in Moscow there are more than a hundred laws, government decrees, orders of the Prime Minister of the Moscow Government, containing provisions in the field of waste management and eight regulatory and methodological documents of the city of Moscow. In the Moscow region, about 25 regulatory documents have been published in the field of activity under consideration, of which more than twenty laws and government regulations.” Vasiliev M.E. New Law on licensing of activities // Tax Bulletin: comments on regulatory documents for accountants, 2011, No. 7. P. 33.
In July 2005, the Federal Law “On state regulation of the circulation of scrap and waste of non-ferrous and ferrous metals” was adopted by the State Duma and approved by the Federation Council, which establishes the legal basis for state regulation in this area in order to protect the rights and interests of individuals and legal entities, and also for the purpose of ensuring the defense and security of the country.
According to the developers of the federal law, it should help reduce criminalization in the sphere of turnover of scrap non-ferrous and ferrous metals. For this purpose, it provides for the establishment of lists of types of scrap and waste of non-ferrous and ferrous metals prohibited for acceptance from individuals; it establishes non-cash payments between legal entities, as well as individual entrepreneurs handling scrap non-ferrous and ferrous metals.
Federal law obliges organizations engaged in metallurgical remelting of scrap to have a license to operate an explosive production facility in accordance with industrial safety requirements. In addition, requirements are established that the licensee exclusively owns technological equipment with certain technical characteristics and permissible production capacity
However, the law was rejected by the President of the Russian Federation. In a letter sent to the Chairman of the Federation Council and the Chairman of the State Duma in connection with the rejection of the law, the President of the Russian Federation notes that, without denying the need to strengthen state regulation of relations in the field of handling scrap and waste of non-ferrous and ferrous metals, to hold perpetrators accountable for violations relevant requirements for handling them, the federal law does not introduce anything new into the regulation of relations in the field of scrap metal circulation, cannot serve to strengthen state regulation in this area, including the suppression of offenses, it does not establish liability for violation of the stipulated requirements of the legislation of the Russian Federation, and in Because of this, it is declarative in nature.
The State Duma has created a conciliation commission on the law rejected by the president, tightening the turnover of scrap ferrous and non-ferrous metals. Citizens still have the opportunity to scrap anything - from an aluminum bowl to a tractor.There are many companies involved in the collection, processing and export of scrap metal. The usual prices for collection points are approximately the following: copper - about 60 rubles. for 1 kg, aluminum - about 30 rubles. for 1 kg, brass and bronze - about 40 rubles. for 1 kg, stainless steel - about 20 rubles. for 1 kg.
Receivers can receive 100% profit when reselling scrap for processing, processors can receive even more from exports. Domestic and export prices for scrap ferrous metals differ by two to three times: within the country the price per ton does not exceed 2.5 thousand rubles, and abroad even $200 is not the limit. Prices for scrap non-ferrous metals vary even more: abroad they can cost over $1,000 per ton. In this regard, more than 80% of non-ferrous scrap is exported.
Formally, there is a list of products compiled back in Soviet times that are allowed to be accepted as scrap metal. However, in practice, scrap acceptors take everything - there is almost no control over them, but there is always the opportunity to reach an agreement with whoever is needed. As a result, citizens drag cut wires of high-voltage lines, tombstones removed from graves, parts of elevator equipment, parts of monuments and monuments, sewer hatches, etc. to collection points. Last year in Samara, near the monument to Chapaev, a saber was sawed off and a 100-kilogram machine gun was broken off. In another city, a farmer’s tractor was stolen, dismantled and sold for scrap. There are known cases when railway tracks were dismantled. Once, even a small railway bridge was scrapped. And theft of iron stoves from summer residents has generally become the norm. According to the Ministry of Internal Affairs, since the beginning of the 90s, the number of crimes related to the theft of non-ferrous metals has increased more than 30 times.
According to RAO UES board member Andrei Trapeznikov, theft of high-voltage line wires has become a serious problem. Thefts become especially frequent when lines are being repaired and are de-energized. Backup lines are also cut—in some power systems, only 10% of backup power lines are in working order. Over the past two and a half years, due to theft, almost 7 thousand settlements, home to more than 206 thousand people, have been left without power supply for a long period of time.
Processing firms also do not follow the rules: they process everything that comes from receivers. Over the past five years, along with factories producing high-quality products from waste aluminum, copper and other non-ferrous metals, small scrap processing industries have emerged that melt it into so-called ingots and pseudo-products that can be exported without paying the 50 percent export duty currently established government for scrap and non-ferrous metal waste.
Such enterprises are mainly engaged in the rapid processing of illegally obtained scrap. And the sale of pseudo-products is organized according to a very simple scheme: trade organizations - intermediaries buy them for cash, thus hiding real production volumes from taxation and control, and then export them through fly-by-night companies, finally hiding the ends in the water. At the same time, some also receive a VAT refund from the budget.
In this regard, many proposals have emerged to tighten state regulation of scrap metal turnover. Large manufacturers are interested in stopping the activities of dumping competitors. The Council of Industrial Enterprises "Vtortsvetmet", for example, proposed changing the government regulations in force since 2002 on licensing the procurement, processing and sale of non-ferrous metal scrap.
The essence of the proposal is simple: scrap melting should be made a separately licensed activity (currently a single license is given for procurement, processing and sales). The key requirement for obtaining a license will be compliance with WTO environmental standards and safety regulations at metallurgical enterprises. The export of scrap should only be allowed to those enterprises that have received such a license. Intermediary trading organizations will also be able to export, but they must be included in the manufacturer's metallurgical license.
With such a system, Vtortsvetmet believes, enterprises will show real production volumes in tax reporting, pay all taxes and make all payments only in non-cash form. And most importantly, it will be possible to control whether scrap is actually being melted down.
State Duma deputies decided to go even further. The Duma Committee on Industry and Science-Intensive Technologies, together with an inter-factional working group, developed a bill “On state regulation of the handling of scrap and waste of non-ferrous and ferrous metals.” The deputies supported many of Vtortsvetmet's proposals and added their own. In particular, they proposed to legislatively define the types of scrap and waste of non-ferrous and ferrous metals that are prohibited for acceptance from individuals, to prohibit the acceptance of scrap from minors, and to make payments for transactions with scrap in cash. In addition, the government is given the right to appoint authorized organizations that will work with non-ferrous metal scrap generated in the electricity, communications, railway and military industries. Finally, as proposed by Vtortsvetmet, a separate license for scrap melting is being introduced with the requirement to own technological equipment with certain technical characteristics and permissible production capacities.
The articles of the law tightening the licensing procedure were not liked by the president's lawyers. The President, who vetoed the law, noted in an accompanying letter that the current law “On licensing of certain types of activities”, together with the relevant government regulations on licensing procedures in the field of handling non-ferrous scrap metals, already makes it possible to combat abuses. According to rumors, the presidential veto was lobbied from the Ministry of Industry and Energy, a long-time opponent of the proposed law. However, the deputies intend to fight for the bill and prove to the president that they are right. The State Duma has already created a special conciliation commission on the rejected law. “The authorities” will monitor developments.
IRINA GRANIK
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Letter of the law
Article 3. Requirements for the handling of scrap and waste of non-ferrous and (or) ferrous metals and their disposal ...5. Acceptance of scrap and waste of non-ferrous and (or) ferrous metals from the population is carried out upon presentation of an identity document by the person handing over the said scrap and waste... Cash payments when accepting scrap and waste of non-ferrous metals and (or) ferrous metals from the population are made using cash register technology. Acceptance of scrap and waste of non-ferrous and (or) ferrous metals from persons under 14 years of age is not permitted... Number of the law In Russia, 1 million tons of scrap non-ferrous metals and 15-17 million tons of ferrous metals are processed per year. |
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From the author
The bill provides that a person applying for a license must own equipment with certain technical characteristics. This, firstly, will limit the creation of fly-by-night companies, and secondly, it will allow the government to rely on the law when approving more stringent licensing requirements. As a prerequisite for scrap melting, a license to operate an explosive production facility is required. This will make it possible to stop the operation of artisanal furnaces, in which scrap non-ferrous metals of criminal origin are usually melted. Behind Considering the great social and economic significance of the problem of handling scrap and waste of non-ferrous and ferrous metals, it is advisable to increase the efficiency of state regulation in this area. Currently, the legal framework is not properly regulated, which creates conditions for the mass scrapping of stolen products from non-ferrous and ferrous metals, and also leads to significant budget losses due to the illegal melting of scrap. The bill provides for a number of measures, in particular the establishment of lists of types of scrap and waste of non-ferrous and ferrous metals prohibited for acceptance from individuals. Against
Determining the legal basis for the management of production and consumption waste, which includes scrap and waste of non-ferrous and ferrous metals, is the subject of the federal law “On Production and Consumption Waste”. According to Part 3 of Article 3, the procurement, processing and sale of scrap non-ferrous and ferrous metals are subject to licensing. However, the federal law “On Licensing of Certain Types of Activities” already provides for this: according to Article 4, the procedure for licensing the specified activities allows you to require legal entities and individual entrepreneurs to comply with the specifics of its implementation. World practice Activities for processing scrap and non-ferrous metal waste are licensed almost all over the world. Smelting licenses with strict environmental requirements are required for scrap processors in USA, UK, Germany, Japan and other developed countries. Metallurgical production without providing reliable means of industrial and environmental safety is today a criminal offense in the USA, in all countries of Western and Eastern Europe, Japan and China. In addition, metallurgical production in many countries is subject to compulsory insurance. In some countries, enterprises are required to place mandatory reserves in bank time deposits, which will be spent by the government in the event of environmental accidents and soil contamination. In countries CIS Regulation of scrap turnover is also gradually becoming stricter. For example, Ukraine introduced compulsory licensing of metallurgical production with the possibility of exporting finished products only by the manufacturers themselves. |
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Background
In 1999, the Duma adopted in the first reading the bills “On regulation of the procurement of scrap ferrous and non-ferrous metals” and “On state regulation of the export of scrap non-ferrous metals”. In the latter, under the influence of the metallurgical lobby, an attempt was made to actually ban the export of non-ferrous metal scrap. However, opposition from scrap collectors and their lobbyists buried both bills for a long time. Despite this, in recent years the legislative regulation of scrap turnover has changed significantly. The Law “On Industrial and Consumption Waste” established requirements for the management of non-ferrous scrap metals. The Law “On Licensing of Certain Types of Activities” introduced a requirement that participants in the scrap metal market obtain a license for the procurement, processing and sale of scrap ferrous and non-ferrous metals. The government introduced export duties on the export of scrap and approved a resolution “On approval of rules for handling scrap and waste of ferrous and non-ferrous metals” and a regulation “On licensing the procurement, processing and sale of scrap non-ferrous metals”. In addition, criminal liability was introduced for rendering life support facilities unusable. |
“On production and consumption waste” the Government of the Russian Federation decides:
1. Approve the attached Rules for the handling of scrap and waste of ferrous metals and their disposal.
2. Establish that control over compliance with these Rules is carried out by the Ministry of Internal Affairs of the Russian Federation, the Ministry of Natural Resources of the Russian Federation and executive authorities of the constituent entities of the Russian Federation within their competence. dated 12/10/2016 N 1338)
3. The federal executive authorities of the Russian Federation should bring their regulations into compliance with these Rules.
Chairman of the Government
Russian Federation
M. KASYANOV
APPROVED
Government resolution
Russian Federation
dated May 11, 2001
N 369
RULES
HANDLING OF SCRAP AND WASTE OF FERROUS METALS AND THEIR DISPOSAL
(as amended by Resolutions of the Government of the Russian Federation dated October 3, 2002 N 731, dated December 12, 2012 N 1287, dated December 15, 2016 N 1367)
I. General provisions
1. These Rules determine the procedure for handling (reception, accounting, storage, transportation) and disposal of scrap and waste ferrous metals on the territory of the Russian Federation.
2. Individuals carry out the alienation of scrap and waste of ferrous metals, indicating the basis for the emergence of ownership rights to such scrap and waste.
3. Legal entities and individual entrepreneurs handle scrap and waste of ferrous metals generated by them in the process of production and consumption or acquired by them, and their alienation if there are documents confirming their ownership of the said scrap and waste.
II. Requirements for organizing the reception of scrap and waste ferrous metals
4. Legal entities and individual entrepreneurs receiving scrap and waste of ferrous metals must ensure that the following information is available at each site for receiving said scrap and waste in a place accessible for viewing:
a) the name of a legal entity or the last name, first name, patronymic of an individual entrepreneur, their telephone numbers;
b) for legal entities - information about the person responsible for receiving scrap and ferrous metal waste;
c) work schedule;
d) conditions of acceptance and prices for scrap and waste of ferrous metals.
5. At facilities for the reception of scrap and ferrous metal waste, in addition to the information specified in paragraph 4 of these Rules, the following documentation must be located and presented at the request of regulatory authorities:
a) a license obtained in accordance with the Regulations on licensing activities for the procurement, processing and sale of scrap ferrous metals, or a copy thereof certified by the licensing authority that issued the license;
b) a notarized copy of a document confirming the fact of making an entry about a legal entity in the Unified State Register of Legal Entities, or a certificate of state registration or an individual entrepreneur receiving scrap and ferrous metal waste;
c) documents for existing equipment and devices, as well as documents on their verification and testing;
d) instructions on the procedure for conducting radiation monitoring of scrap and waste ferrous metals and checking them for explosion safety;
e) instructions on the procedure for detecting radioactive scrap and ferrous metal waste;
f) instructions on the procedure for detecting explosive objects. (as amended by Decree of the Government of the Russian Federation dated October 3, 2002 N 731)
III. The procedure for receiving and recording scrap and waste ferrous metals
6. Reception of scrap and waste of ferrous metals is carried out according to net weight, defined as the difference between the gross weight and the weight of the vehicle, container and contamination.
7. Acceptance of scrap and ferrous metal waste is carried out upon presentation of an identification document by the person delivering the scrap. In the case of delivery of scrap and waste of ferrous metals that do not belong to the person handing over this scrap and waste, in addition to an identity document, it is necessary to present an appropriate power of attorney from the owner of the said scrap and waste.
8. Legal entities and individual entrepreneurs accepting scrap and waste of ferrous metals are obliged to ensure, in the prescribed manner, that radiation monitoring is carried out and that each batch of said scrap and waste is inspected for explosion safety.
Control is carried out by persons who have undergone appropriate training and certification.
8(1). Legal entities and individual entrepreneurs accepting scrap and waste of ferrous metals are required to ensure: (as amended by Decree of the Government of the Russian Federation dated December 12, 2012 N 1287)
a) the presence of a minimum staff of the following employees with the appropriate qualifications with whom employment contracts have been concluded: (as amended by Decree of the Government of the Russian Federation dated December 12, 2012 N 1287)
inspector of scrap and metal waste, 2nd category - at each site for the reception of scrap and waste of ferrous metals; (as amended by Decree of the Government of the Russian Federation dated December 12, 2012 N 1287)
1st category scrap and metal waste compactor - at least at one of the facilities for receiving scrap and ferrous metal waste within the territory of a constituent entity of the Russian Federation; (as amended by Decree of the Government of the Russian Federation dated December 12, 2012 N 1287)
b) the presence of ferrous metal scrap and waste at each facility: (as amended by Decree of the Government of the Russian Federation dated December 12, 2012 N 1287)
the person responsible for conducting radiation monitoring of scrap and ferrous metal waste; (as amended by Decree of the Government of the Russian Federation dated December 12, 2012 N 1287)
the person responsible for monitoring scrap and ferrous metal waste for explosion safety; (as amended by Decree of the Government of the Russian Federation dated December 12, 2012 N 1287)
c) the presence at each facility for the reception of scrap and waste of ferrous metals of a platform with a hard (asphalt, concrete) coating intended for the storage of scrap and waste of ferrous metals, as well as equipment for conducting radiation monitoring of scrap and waste of ferrous metals in accordance with established requirements; (as amended by Decree of the Government of the Russian Federation dated December 12, 2012 N 1287)
d) the presence of at least one of the facilities for the reception of scrap and waste of ferrous metals within the territory of a constituent entity of the Russian Federation: (as amended by Decree of the Government of the Russian Federation dated December 12, 2012 N 1287)
a press for baling scrap ferrous metals (with a pressing force of at least 2500 kN), or a shear press (with a cutting force of at least 3000 kN), or an installation for crushing and sorting lightweight scrap (with a drive power of at least 495 kW); (as amended by Decree of the Government of the Russian Federation dated December 12, 2012 N 1287)
equipment for sorting or grinding chips. (as amended by Decree of the Government of the Russian Federation dated December 12, 2012 N 1287)
9. Accounting for scrap and waste of ferrous metals is maintained by a person appointed by the head of the legal entity that accepts the said scrap and waste, or by an individual entrepreneur.
10. Reception of scrap and waste of ferrous metals is carried out with the mandatory preparation of an acceptance certificate for each batch of scrap and waste in the form according to Appendix No. 1.
The acceptance certificate is drawn up in 2 copies (one is given to the person delivering the scrap and waste of ferrous metals, the second remains with the person receiving the goods).
These acts are documents of strict accountability and must have continuous numbering.
11. Acceptance acts are registered in the book of registration of acceptance acts (hereinafter referred to as the book of accounting).
The pages of the accounting book must be numbered and laced. On the reverse side of the last sheet the following is written:
“This ledger book has ___ pages numbered and bound together.” The record is certified by the signatures of the head and chief accountant of the legal entity (individual entrepreneur) receiving scrap and ferrous metal waste, and a seal (if there is a seal). (as amended by Decree of the Government of the Russian Federation dated December 15, 2016 N 1367)
12. On the first page the accounting book should contain:
a) name "Book of Acceptance and Acceptance Acts";
b) name and location of the legal entity (individual entrepreneur) receiving scrap and ferrous metal waste;
c) the entry “Started” indicating the date of making the first entry in the accounting book about the acceptance of scrap and waste of ferrous metals;
d) the entry “Completed” indicating the date of entry into the accounting book of the last entry on the acceptance of scrap and waste of ferrous metals;
e) the entry “The person responsible for maintaining this accounting book” indicating the position, surname, name, patronymic of this person, his signature and date.
13. For each case of acceptance of scrap and waste of ferrous metals, the following information is entered into the accounting book:
a) registration number of the acceptance certificate;
b) date of acceptance of scrap and ferrous metal waste;
c) information about the person delivering scrap and waste:
when receiving from legal entities and individual entrepreneurs - name and location;
when receiving from individuals - last name, first name, patronymic, place of permanent residence, details of an identity document;
d) details of the waybill (for a legal entity and an individual entrepreneur);
e) type of accepted scrap and waste ferrous metals;
f) data on testing scrap and waste of ferrous metals for explosion safety and on radiation monitoring with the signature of the persons who carried out the testing (control);
g) percentage of contamination of accepted scrap and ferrous metal waste;
h) weight of accepted scrap and waste ferrous metals;
i) signature of the person who made the entry in the book.
14. The accounting book and acceptance certificates must be stored at the facility for the reception of scrap and ferrous metal waste for 1 year from the date of the last entry on the acceptance of scrap and ferrous metal waste.
15. Payment for accepted scrap and ferrous metal waste is carried out in accordance with the legislation of the Russian Federation.
16. Selection (extraction) of associated scrap and non-ferrous metal waste during the processing of scrap and ferrous metal waste is carried out by a legal entity and individual entrepreneur processing scrap and ferrous metal waste.
When selecting (extracting) associated scrap and non-ferrous metal waste, an act is drawn up in the form in accordance with Appendix No. 2.
Accompanying scrap and non-ferrous metal waste selected (extracted) from scrap and waste of ferrous metals can be alienated in accordance with the legislation of the Russian Federation.
IV. The procedure for accounting for alienated scrap and waste of ferrous metals
17. Legal entities and individual entrepreneurs accepting scrap and waste of ferrous metals must organize accounting of alienated scrap and waste.
18. Each shipment of alienated scrap and ferrous metal waste must be registered in the register of shipped scrap and ferrous metal waste, which indicates:
a) name and details of the consignee;
b) car number, state registration plate of a car or other vehicle (depending on the type of transport);
c) date of shipment;
d) type of scrap and waste of ferrous metals;
e) the weight of the consignment transported by the vehicle;
e) number of the waybill.
19. Entries in the register of shipped scrap and ferrous metal waste are made on the basis of primary accounting documents.
V. Documents required when transporting scrap and waste ferrous metals
20. When transporting scrap and waste ferrous metals, the carrier organization (transport organization or legal entity and individual entrepreneur carrying out transportation using their own transport) and the shipper must provide the driver of the vehicle or the person accompanying the cargo with the following documents:
a) when transporting scrap and ferrous metal waste by a transport organization:
waybill;
waybill;
certificate of explosion safety of scrap and waste of ferrous metals in the form according to Appendix No. 3;
b) when transporting by legal entities and individual entrepreneurs scrap and waste of ferrous metals, the acceptance of which is carried out in accordance with these Rules, or scrap and waste of ferrous metals processed and prepared for use, or scrap and waste of ferrous metals generated by legal entities and individual entrepreneurs in the process of production and consumption:
waybill (except for individual entrepreneurs);
transport invoice and notarized copies of documents confirming ownership of transported scrap and waste of ferrous metals;
Paragraph 3 of subparagraph “b” of paragraph 20 regarding the words: “notarized” was declared invalid from the date the court decision entered into legal force (Decision of the Supreme Court of the Russian Federation dated April 14, 2003 N GKPI 03-151)
certificate of explosion safety of scrap and waste of ferrous metals in the form provided for in Appendix No. 3 to these Rules.
21. The bill of lading shall indicate:
a) number;
b) name and details of the shipper;
c) name and details of the consignee;
d) car number, state registration plate of a car or other vehicle (depending on the type of transport);
e) date of shipment;
f) type of scrap and waste of ferrous metals;
g) the weight of the consignment transported by the vehicle.
VI. Responsibility for violation of these Rules
22. Violation of these Rules entails liability in accordance with the legislation of the Russian Federation.
Appendix No. 1
to the Rules of Appeal
with scrap and black waste
metals and their alienation
Acceptance and delivery certificate N _____ dated ________________ Recipient of scrap and waste _________________________________________ Deliverer of scrap and waste ________ INN of the deliverer of scrap and waste _______ Bank details of the deliverer of scrap and waste (for legal entities and individual entrepreneurs) __________________________________ Details of the identity document, place of permanent or primary residence (for individuals) _________________ Transport (brand, number) __________________________________________ Grounds for the emergence of ownership rights of the scrap and waste deliverer for the delivered scrap and waste of ferrous metals _________________ ___________________________________________________________________ Brief description of scrap and waste of ferrous metals ___________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________
| Name | Code By OKPO | View | Weight gross (tons) | Weight containers (tons) | Clogging (percent) | Weight net (tons) | Price (rubles) | Sum (rubles) |
| Total | ||||||||
