Secretariat of Environment and Sustainable Development WASTE OR NON-HAZARDOUS WASTE Resolution 946/2002 Instructions for processing requests for authorization to import non-hazardous waste or waste. Buenos Aires, 9/17/2002 HAVING SEEN the registry file of the former SECRETARY OF SUSTAINABLE DEVELOPMENT AND ENVIRONMENTAL POLICY of the MINISTRY OF SOCIAL DEVELOPMENT AND ENVIRONMENT, current SECRETARY OF ENVIRONMENT AND SUSTAINABLE DEVELOPMENT of the MINISTRY OF SOCIAL DEVELOPMENT No. 70-00683/2001, Article 41 of the Constitution Law No. 23,922 approving the Basel Convention on the Control of Transboundary Movements of Hazardous Waste and its Elimination, Decree No. 181 of January 24, 1992, SDSyPA Resolution No. 409 of March 30, 2001, and CONSIDERING: That in accordance with the aforementioned regulations, the entry into the national territory of waste considered non-hazardous or waste from recycling or material recovery of waste that is accompanied by a certificate of sanitary and environmental safety or its equivalent, prior to shipment, is allowed. issued by the competent authority of the country of origin and/or provenance and ratified by the Enforcement Authority of Decree No. 181 of January 24, 1992. That all imports and exports of merchandise in general, are subject to pest prophylaxis control, by Law No. 11,843 and 14,156, whose enforcement authority is the Ministry of Health. That specific imports such as residues of fibers of vegetable origin have particular requirements regarding the control of specific pests of related crops; duly notified by the NATIONAL SERVICE OF HEALTH AND AGRO-FOOD QUALITY —SE.NA.SA— to the SECRETARIAT OF ENVIRONMENT AND SUSTAINABLE DEVELOPMENT. That given the presentation of the aforementioned Safety Certificate, the additional requirement of a Fumigation Certificate by this Environmental Control Authority is redundant, unless there is a specific requirement from the Competent Authority in Public Health or Plant Health or Animal, previously notified to this Secretariat. That only in the case of express request for fumigation by the control authorities, mentioned in the preceding paragraph, this Environmental Control Authority will request data and certification regarding the type of pesticide used in the waste subject to import. That, in this sense, it is appropriate to provide for the instrumentation of a procedure that, in the matter, is configured and operates in accordance with the principles of speed, economy, simplicity and efficiency prescribed in article 1, subparagraph b), of the National Law of Administrative Procedures No. 19,549. That the jurisdiction's GENERAL DIRECTORATE OF LEGAL AFFAIRS has intervened. That the undersigned is competent to issue this measure, by virtue of the provisions of Decrees Nos. 181 of January 24, 1992, 355 and 357 of February 21, 2002 and 537 of March 25, 2002. Thus, THE SECRETARY OF ENVIRONMENT AND SUSTAINABLE DEVELOPMENT RESOLVES: Article 1 - The natural or legal persons who request the authorization of the SECRETARIAT OF ENVIRONMENT AND SUSTAINABLE DEVELOPMENT for the import of residues or waste, by application of the regime of Decree No. 181 of January 24, 1992, must adjust their request of authorization to the requirements and conditions set forth in the INSTRUCTIONS that, as ANNEX I, form part of this resolution. Art. 2 - The processing of authorization requests referred to in the preceding article, must comply with the procedural provisions established in the REGULATION FOR THE PROCESSING OF REQUESTS FOR AUTHORIZATION TO IMPORT WASTE OR WASTE, which, as ANNEX II, is part of this resolution. Art. 3 - The authorization of the SECRETARY OF ENVIRONMENT AND SUSTAINABLE DEVELOPMENT will be valid for ONE (1) YEAR, counted from the day following the notification of the corresponding resolution, when the merchandise whose importation has been authorized enters the national territory by partial shipments. Partial shipments must unfailingly be made during that period. Art. 4 - The NATIONAL DIRECTOR OF ENVIRONMENTAL MANAGEMENT is empowered, when the entry of the goods into the national territory is carried out by partial shipments and the import has been authorized in its entirety by means of the pertinent resolution to sign, at each opportunity, the records authorization for the entry of these goods. Art. 5 - The respective certificates referred to in the previous article must be prepared according to the model established in ANNEX III of this resolution and, as an essential requirement for its validity, must be presented to the GENERAL DIRECTORATE OF CUSTOMS of the FEDERAL PUBLIC REVENUE ADMINISTRATION accompanied by a certified copy of the corresponding secretarial resolution. Art. 6° — This Resolution will enter into force on the day following its publication in the OFFICIAL GAZETTE. Art. 7 - This Resolution replaces the Resolution of the former SECRETARY OF SUSTAINABLE DEVELOPMENT AND ENVIRONMENTAL POLICY No. 409 of March 30, 2001. Art. 8 - Communicate, publish, give to the NATIONAL DIRECTION OF THE OFFICIAL REGISTRY, inform the GENERAL DIRECTORATE OF CUSTOMS of the FEDERAL PUBLIC REVENUE ADMINISTRATION, and file. — Carlos Merenson. ANNEX I INSTRUCTIONS FOR THE PROCESSING OF REQUESTS FOR AUTHORIZATION FOR THE IMPORTATION OF WASTE OR NON-HAZARDOUS WASTE Agency to which the application must be submitted. * The request for authorization to import non-hazardous residues or waste must be submitted to the NATIONAL DIRECTORATE OF ENVIRONMENTAL MANAGEMENT —TRANSBORDER MOVEMENTS UNIT—, San Martín 451 PB, Federal Capital. * Below are the instructions regarding the steps to follow and the documentation that must accompany any person, natural or legal, who makes their presentation for the aforementioned purposes. 1) Registration (internal) in the registry of importers of non-hazardous waste. 1.a) Interested parties must be domiciled in the urban radius of the SECRETARIAT OF ENVIRONMENT AND SUSTAINABLE DEVELOPMENT, in the City of Buenos Aires. 1.b) Copy of the Statutes of the legal persons and of the Minutes of the Board of Directors and of the Assembly with current mandates duly certified by a notary public. In the case of natural persons, a copy of the National Identity Document or Certificate or Enrollment Book. 1.c) In those cases in which the importer is a natural or legal person other than the owner of the imported merchandise, the existing commercial relationship between both must be accredited. 1.d) Official certificate from the AFIP. 1.e) Appointment of the person(s) authorized to carry out the procedures before this Secretariat. In the event that the signatory of the import application was not authorized by Statute, a power of attorney duly certified before a notary public must be attached to celebrate the pertinent acts. 1.f) All documentation presented in a foreign language must be accompanied by its corresponding translation; carried out by a certified public translator and legalized by the Association of Translators. 2) Formal requirements and conditions. 2. a) The request must be submitted in writing containing detailed information on the quality and total quantity of the material to be imported, the process or processes that originated the waste, the process or processes to which the waste will be subjected in the country and what will be made with them. Likewise, it must be informed if the merchandise will enter the country in a single shipment or it will be done in partial shipments. * Specific documentation: the request must be accompanied by the following specific documentation: 2.b) Sanitary and Environmental Safety Certificate issued by the competent authority of the country of origin, duly endorsed and legalized by the Argentine consulate of that country. 2.c) If the material to be imported corresponds to waste or scrap, usually called "scraps", metallic, plastic, ground glass, textile fibers, etc., it must be accompanied by an analysis of chemical composition (qualitative, quantitative and, if applicable, color) carried out by an official laboratory at origin. 2.d) If the material to be imported corresponds to clippings, waste or cardboard and paper residues, they must be classified according to the Nomenclature of the Paper Stock Institute Scraps Specifications, leaving express clarification that the import of waste will not be authorized. of paper classified in the "MIX PAPER" category. 2.e) If the material to be imported corresponds to metal scrap, in addition to the constituent analysis, a radioactive activity control must be carried out by the laboratory of origin. 2.f) Both for the materials indicated above, as well as for any other not specified, the application authority may require the additional controls it deems necessary to assess their non-dangerousness, in terms of current regulations. 2.g) Bill of Lading (original or certified copy). 2.h) Documentation that proves the registration with the local environmental control authority of the industrial plant that will process the material, and the pertinent municipal and/or provincial authorization, when applicable. In cases where the jurisdiction in which the industrial plant is located does not have environmental control and certification mechanisms in place, the pertinent powers of control, for the purpose of importation regulated by Decree No. 181/92, will be exercised by the SECRETARY OF ENVIRONMENT AND SUSTAINABLE DEVELOPMENT. 2.i) In the event that the importation comes from a country that has not issued or extended a generic declaration of non-dangerousness, the exporter must request the corresponding export permit from the respective environmental authorities, without which authorization will not be granted. to import. The generic declaration referred to in the preceding paragraph is the one issued by the exporting country at the request of the SECRETARIAT OF ENVIRONMENT AND SUSTAINABLE DEVELOPMENT. ANNEX II REGULATION FOR THE PROCESSING OF REQUESTS FOR AUTHORIZATION TO IMPORT WASTE OR NON-HAZARDOUS WASTE The processing of the file must observe the following administrative circuit: a) The NATIONAL DIRECTORATE OF ENVIRONMENTAL MANAGEMENT (TRANSBORDER MOVEMENTS UNIT) must receive the authorization requests and issue on them, by means of the corresponding technical report and will elaborate the pertinent project of administrative act, authorizing or denying the import request presented. The draft administrative act must promote the ratification of the sanitary and environmental certification and the authorization of the import application for all the merchandise in question. In the case of partial shipments, the procedure established in paragraphs e) and f) of this Annex shall be followed. b) The NATIONAL DIRECTORATE OF ENVIRONMENTAL MANAGEMENT, once the application has been approved and the pertinent project of the administrative act has been drawn up, must submit the actions to the permanent legal advisory service of the jurisdiction. c) The permanent legal advice service must control the legality of its appeal and, if no objections are raised, it must refer the actions to the NATIONAL DIRECTORATE OF ENVIRONMENTAL MANAGEMENT. d) The National Director of Environmental Management must initiate the project and send it to the UNIT SECRETARY OF ENVIRONMENT AND SUSTAINABLE DEVELOPMENT, for the corresponding signature. Once the act has been signed, the file will be turned over to the NATIONAL DIRECTORATE OF ENVIRONMENTAL MANAGEMENT, for the continuation of the procedure. e) In case of imports that are carried out through successive partial shipments, on the occasion of each shipment and until completing the totality of the merchandise whose importation was authorized, within the period of one year provided for in article 3 of this Resolution, the NATIONAL DIRECTORATE OF ENVIRONMENTAL MANAGEMENT must control and collate the technical documentation corresponding to each shipment (shipping document). In case there are no objections from the technical point of view, the National Director of Environmental Management will sign the pertinent certificate of authorization to be presented by the importer before the GENERAL DIRECTORATE OF CUSTOMS of the FEDERAL ADMINISTRATION OF PUBLIC REVENUE, through the note form approved in ANNEX III. f) Once the entry of all the shipments has been completed or after the term established in article 3 of this administrative act has elapsed, with the pertinent technical report, the NATIONAL DIRECTORATE OF ENVIRONMENTAL MANAGEMENT must send the actions to the permanent legal advisory service of the jurisdiction, for final legality control. If from the legal and technical point of view no questions are formulated, the NATIONAL DIRECTORATE OF ENVIRONMENTAL MANAGEMENT will order the filing of the proceedings. ANNEX III MODEL OF CONSTANCY OF AUTHORIZATION OF THE NATIONAL DIRECTOR OF ENVIRONMENTAL MANAGEMENT FOR PARTIAL SHIPMENTS NOTE No. XXX/XXXX DNOA. Expte. No. 70-XXXXX-XX COMPANY XXXXXXX BUENOS AIRES, DIRECTOR GENERAL: I am writing to you, through this note, in order to record that the company (name of the importer) is authorized to import from (country of origin), (unit of weight measurement, kgs., tns. ) of (name of the merchandise), for (partial shipment order number) partial shipment of the import authorized by the Resolution of the SECRETARIAT OF ENVIRONMENT AND SUSTAINABLE DEVELOPMENT No. (number) of (date), whose period of validity expires on (date). The transport of the merchandise in question will be carried out by road (sea or land) by the company (name of the transport company), according to shipping document No. (number). It is pointed out that, in order for this certificate to be valid, it must be presented together with a copy of the Resolution of the SECRETARIAT OF ENVIRONMENT AND SUSTAINABLE DEVELOPMENT No. (number) of (date), cited above, leaving the original in the possession of the company. I greet you sincerely. TO THE DIRECTOR GENERAL OF CUSTOMS OF THE GENERAL ADMINISTRATION OF PUBLIC REVENUES (NAME AND SURNAME OF OFFICIAL)