Analysis and Proposals for the figure of the "BROKER IN ENVIRONMENTAL MANAGEMENT"
recently witness to an information system, designed to consider environmental management, only in terms of interpretation. This leads to meetings, seminars, books like "The management of ... the light of the following standard ..." managed by "legal" turned into hard, accompanied by educators and technicians.
The overall picture is completed by adding the journalistic interpretations (or similar drivers), capable of writing articles which are unclear and convoluted, so as to offer the public, random explanations, then, faced with difficulties or questions the answers are: "... trust me, I know how to do, my friend ..." and then ... there is like Pinocchio with the cat and the fox.
consultants, legal experts elusive, in fact, few or none of these have addressed the issue in question experiencing the desire to create a business, such as of "intermediario1 waste management." Now called "emblem" of poor management on the environment.
Apart from the desire to direct insults to public officials (they are also capable of confusing), we analyze the relevant professional, environmental, and present possible suggestions / solutions.
ANALYSIS
As in other situations, where there is freely interpreted the Law: Province or region you visit, you find that solution. From our visit we got many responses, ranging from: "You can, you can not, you can, but you have to," in any case no one knows whether, at the end you are authorized. "
Wanting to start a professional activity, the body has to turn to the Chamber of Commerce of the Province of residence. After the usual stressful waiting, the Office of the Public Relations transposing two words: "Mediation" & "Waste" invites you to contact the Environmental Management Register at the Chamber of Commerce of the regional capital, or online where you can find everything .
CATEGORY 8: brokering waste. The application forms, edit and publish the site from the Register NATIONAL ENVIRONMENTAL MANAGERS, intermediaries divided into two categories: with or without detention.
The intermediary holding, is not in our case, because, according to some interpretations, can be identified in a subject enrolled in the Environmental Managers carrier or a recipient / authorized holder and a member of another role "known".
The interest of this study is the intermediary without holding. Figure remote operating, ie, exercising without ever coming in contact with the refusal. For this reason, according to other interpretations, may be exempt from registration Roll Environmental Managers. Interpretation unacceptable, because that person would be relieved from the requirements of the Law: prepare records, keep copies of the forms and submit the MUD. So would have to do with the waste would manage the material flows and economic, without being "known" enough to issue warnings of bogus invoices and parcels.
possible, may reveal the existence of another type of intermediary: "The Ombudsman in Environmental Management." That is, a promoter of proper environmental management, capable of being a technician, able to identify whether the operation is aimed at products, byproducts, wastes or mps post-recovery, and know the correct way by applying the environment, preferring to re-use, recovery and recycling disposal. Competent Finally, mediation business.
Although, the intermediary WASTE, tried and well served, in the face of accusations of environmental crimes, it must justify both with customers and suppliers and with the relevant authorities. These do their best to attribute responsibility and blame, including the absence of registration or wrong procedure / communication dawn (Article 256 of the Legislative Decree. 152/06). Believing so, cut off the flow of illegal activities. Since the clearance waste is ambiguous, the activity should be illegal.
With the introduction of the Ronchi Decree, had tried to bring order, also because there was already a professional able to conduct the mediation in waste management. So much so that, as provided in com.8, Art 30, D. Lgv. 22/97 "Until the issue of decrees referred to in paragraph 6 shall continue to apply the existing rules. Companies seeking to engage in remediation, reclamation of goods containing asbestos, commercial waste and must enroll in the mediation within sixty days after entry into force of the relevant technical regulations. "So, who already held the ' activities and has failed to enrollment, and still is absent at the role of mediators, is in illegality. Who tried to adjust his position, he found himself in limbo (as some have made communication easy login to the Province, other instance of the ordinary to the regional section of the ALBA). In fact, none of these, a member of a role "known" fooling, operating in many other forms of activities indicated in the description the words "waste brokering."
was recently made public the existence of thousands of brokerage firms (source: LaRepubblica.it2) which operate in calm and invent all until they are discovered. So, if in other areas, there is brokering activities with strict rules, waste management is the most exposed to risks. Yet it is clear that there, but not regulation.
The State, the Ministry of Environment, the Register of Environmental Managers, in consultation with the Ministers of Industry, Commerce and Handicrafts, Transport and Shipping and Minister of the Treasury, where there have enacted provisions the figure is identified Intermediary shall register has obligations, but ... they have failed to enact the decree cushion the policies of guarantee, therefore, the registration in Cat 8 can not future.
Now, following recent news reports, involving the "intermediaries waste" would be appropriate for those responsible, put his hand to cushion the Decree of surety policies.
Today, those who want to pursue the activity of intermediary waste must:
1. communicate and / or enroll in (D. Lgv. 22/97 and subsequent amendments, D. Lgv. 152/06 and subsequent amendments)
2. recorded on the register is prepared for loading and unloading (B mod, DM 01/04/1998 n.148) movements
3. keep photocopies of the forms in which he is shown
4. Prepare and deliver annually MUD
5. Verify that the creators / owners, consignees, carriers specified nell'intermediazio-ne (there where necessary) are in possession of authorization requirements and take the appropriate environmental protection measures as appropriate;
6. Follow the flow of waste and manage the economic aspects.
Besides that, it seems, that nothing is a must, moreover, to join the Chamber of Commerce, just to have a VAT number and registration to the REA. In the registration form at the site of the National Environmental Management, no special requirements of the business. Yet, this figure could be the core-business in the field environment. Given that, if there is certification of technical manager according to the DM 406/98, you can write notes on technical systems for the application in waste management, in short, could play ad-hoc market research, correlate with the activity consultancy and then be real and active in the professional world of waste.
One solution we found in the communication sent by the regional branch of Bari, Puglia at the Chamber of Commerce to a company that made the request for inclusion in Category 8, which states: "... announced that it is not possible to ' Of this company listing in the category referred to the object, since the National Committee of the Dawn today did not set the terms and amounts of financial guarantees to the State, as is clear from. 3 of resolution of 04/04/2000 ... and therefore until decrees referred to in paragraph 6 of art. 30 of D. Lgv. 22/97, continue to apply the existing provisions "existing legislation, clearly incomplete in the field environment, and must be sought elsewhere.
For example, as indicated in the text "The technical management of waste" (Tucci and Grillo, Geva editions), this incompleteness, we can fill by entering the role of business agent in mediation (3/2/89 Read 03/05/2001 n.39 and n.57). To this point, there are two figures of similar intermediary, and similar to each other: a first regulated by the Chamber of Commerce that can mediate in various areas, and perhaps also in the environment, the latter regulated by the Ministry of Environment, and obligation to register Roll Environmental Management, which operates only in the waste sector.
At first glance, it would be two figures doing the same type of profession. The first, having no knowledge of waste management, can only work with products, services, or mps according to UNI EN ISO. The second, lack of business knowledge, can operate only in part with the waste does not may mediate transport or hire a sweeping, cleaning service. It follows that one lacks the knowledge known to the other and vice versa. Moreover, neither can operate with a by-product (D. Lgv. 152/06 and subsequent amendments) is a given that the "waste" and perhaps "product" for each other.
The dilemma could be resolved within the walls of the Chambers of Commerce, home to both the Regional Section of the Dawn Environmental Managers, is the role of mediators. In fact, the National Association of Environmental Managers and UNIONCAMERE should coordinate activities and decide on eliminating similarities, overlap and confusion.
For example, who carries out waste transport contractors must be registered either at the Register of transport, is at the Environmental Management Register.
PROPOSALS
To carry out the work to mediate in the environment, in compliance with current laws, it takes a high sense of awareness, perhaps sustaining the rule: "Melius quam Abundo in deficit." That is not simply to petition the National Environmental Management, to say "I, I made the statement" you should:
1. To acquire a technical knowledge management by participating in courses for RT according to DM 406/98, Form D and brokerage business, where you learn the following concepts:
1. Techniques for waste storage
2. Health and safety at work
3. Environmental safety and risk analysis
4. Prevention techniques and safety
5. Monitoring techniques and environmental controls
2. Acquire knowledge by participating in courses for mediators, where you learn the following concepts:
1. Elements of civil
2. Elements commercial law
3. Tax Legislation
4. Professional discipline
5. Urbanism
6. Mortgages
7. Condominium
8. Estimate
9. Cadastre
10. Public Employment Offices
3. Register before the role of mediators in the Chamber of Commerce in an address to the sections: Merchandising Agents and Agents in the various services on that occasion should be attached to the documentation after the qualification, the professional qualifications of the Technical Manager waste management.
4. Submit an application to the regional section of the ALBA environmental managers at the Chamber of Commerce of the regional capital: Class 8A intermediary without holding.
5. Do not forget to forward to the role of mediators when you subscribed, copy / and the contract / the type / ici in use at your company.
6. Finally, within 30 days dall''iscrizione the role of mediators, or the start of business the broker will require the Company Register and INPS.
Consequences:
Although the activities thus constituted, will ALBA instituted within 90 days of environmental managers, the communication is not possible to proceed at this point, you can work as a mediator. In addition, those who practice as mediator, and is enrolled in the Companies Register, pay appropriate insurance cover for the coverage of occupational risks (art. 18. Act 57 of 03.05.2001), therefore, guarantees to satisfy the conditions the State, provided and implemented quite differently.
From a professional perspective: the Ombudsman in environmental management, can operate at 360 °
1. Mediate analysis of products offered on waste;
2. Mediate management systems: collection, transport, treatment, recovery and disposal;
3. Mediate waste and / or mps obtained;
4. Mediate products or where they are produced;
5. Conducting market research and mediarne outcomes.
The important thing is that it remains the guarantor of environmental protection.
If this were implemented, "Anyone who is or was required to dispose of an asset, product, substance, can easily turn to the Ombudsman in environmental management, drawing from the following benefits:
- favorable economic conditions, the intermediary granting carriers and / or end users, high quantity, then the laws of market supply and demand, competitive endeavor amounts;
- check permissions, and then acts as a guarantor for the parties, the rest is the only one who knows the parties directly involved drawing up specific individual contracts;
- preparation as RT according to the DM 406/98, should be able to identify or to identify if the material / substance / object is produced, byproduct, or waste mps, thus indicating , and follow management.
Also we can not neglect events in which the producer / holder, comes with an authorized party, but in reality is guilty of illegal activity.
In conclusion, hoping that will soon be found a correct position to the intermediary, it would be desirable to have a vision at three levels:
level 1 (base) = broker registered at their Chamber of Commerce: these can only mediate services, then contact the various parties, knowing only the subject of the meeting and without interfering in the direct management.
Level 2 (size) = without holding mediator in environmental management, with registration to the Chamber of Commerce and enabling RT, then with enrollment / communi-cation in the National Environmental Management: These can operate without coming into contact with the waste, but by the evidence (analysis, CER, treatment cards) is to identify and follow the waste from production to the target site.
level 3 (holder) = intermediary managers already enrolled at another waste or environmental role, which actually holds the waste in their fleet, or from its structure: it must, however, present in the National MANAGERS ENVIRONMENTAL instance to mediation only after writing to the role of mediators in their Chamber of Commerce.
1 From the Dictionary of Italian language Treccani
Intermediary - Broker, agent, broker, involved in carrying out the contract sales to help, or who mediates in general his work between two people who still can not or will not have direct contact, or between two contenders, and so on.
From Civil Code
Ad. 1754. Ombudsman. - It 's the one mediator that connects two or more parties to conclude a deal, without being tied to any of them from working relationships, dependency or representation.
2 (article entitled "Bolle false and fake treatments disguised as the poisons" - Talk to a broker on rubbish: This scam is known to all of Carlo Bonini-June 6, 2008)
0 comments:
Post a Comment