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Peculiarities of computer equipment disposal

  • Author: Andriy Buzynnyi
  • Standardized procedures: Legal advice
  • Date of publication: 02/06/14

Nowadays there are a lot of various legal acts on matters of electronic and electrical waste, including computer machinery. It is explained that the machinery is a multicomponent junk which includes ferrous and non-ferrous metals (gold, silver, platinum etc.), ceramics, special grades of glass and glass ceramic, plastic, fiberglass, dangerous substances (mercury, chemical compounds etc.)

Abovementioned elements are regulated by different laws on matters of management waste, in particular:

  • The Law of Ukraine “On waste”;
  • The Law of Ukraine “On scrap metal”;
  • The Law of Ukraine “On environmental protection”;
  • The Law of Ukraine “On sanitary and epidemiological well-being of the population”;
  • The Law of Ukraine “On management of radioactive waste”;
  • The Law of Ukraine “On chemical current sources ”;
  • The Instruction on obtainment, using, accounting and storage of precious metals and precious stones dated the 6th of April 1998 no. 84 approved by the Ministry of Finance of Ukraine and other.

You have to find out about compound of junk before examining laws’ requirements for management of hazardous waste and documents which allow this. Considering position of the state bodies and current laws we can make a conclusion that utilization of a junk can be provided only by legal entities which got one or more licenses depending on compound of a junk and qualifying personnel for it.

According to the Article 9 of the Law of Ukraine “On licensing some types of economic activity” activity on operations of management with hazardous waste; provision, processing, metallurgy processing of ferrous and non-ferrous metals; collection, primary processing of waste and junk of precious metals and precious stones, precious stones of organogenic formation, semi-precious stones must be licensed.

As follows, if a junk has hazardous waste, ferrous and non-ferrous metals, precious metals then complex of activities with it can be conducted only by companies which have licenses. At the same time it doesn’t matter whether there is one legal entity or more.

We need to admit that activities on collection and provision of some types of waste as secondary raw materials had to be licensed also but it had been cancelled since the 24th of April 2014 (the Law of Ukraine “On putting changes into the laws of Ukraine on reduction of quantity of permission documents”).

So if a legal entity wants to conduct this activity legally it must be in accordance with laws:

  • Licensing regulations on provision, processing, metallurgy processing of ferrous and non-ferrous metals dated the 31th of October 2011 no. 183 approved by the Ministry of economic development and trade of Ukraine;
  • Licensing regulations on collection, primary processing of waste and junk of precious metals and precious stones, precious stones of organogenic formation, semi-precious stones dated the 6th of March 2013 no. 374 approved by the Ministry of Finance of Ukraine;
  • Licensing regulation on operations of management with hazardous waste dated the 4th of November 2011 no. 433 approved by the Ministry of ecology and natural resources of Ukraine.
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