Entry into force of decree no. 000530: The scrap metal and metals sector contests the new requirements

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The scrap metal industry is raising its voice. In a publicly released resolution, industry professionals are contesting the new operating conditions introduced by decree no. 000530 of January 10, 2024, particularly those stipulated in article 16. They are calling on the authorities to review their situation and open a dialogue regarding the renewal of licenses. The stakeholders in the scrap metal industry want to clarify their position.

In a statement released as a resolution, they assert that their campaign is not aimed at "any institution, any person, or any company," but rather at the need, in their view, for a "clear, coherent, transparent, and accessible" regulatory framework for operators wishing to conduct their business legally. The president of Senegal's metal exporters, Serigne Momar Sokhna, believes the current situation warrants the utmost attention from public authorities.

According to him, the difficulties are in particular linked to the new requirements introduced by decree no. 000530 of 10 January 2024. The operators recall that Decree no. 2016-624 of 24 May 2016 had established a regulatory framework in which several professionals had made investments, put in place logistical means and developed their activities.

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The 5,000 m² warehouse and the 500 million CFA francs are at the heart of the concerns

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Industry professionals are particularly contesting the conditions stipulated in Article 16 of the new decree, notably the requirement for a warehouse with a surface area of 5,000 m² and a financial capacity of 500 million CFA francs. "We believe these new requirements must be subjected to a thorough legal and economic review," argues Serigne Momar Sokhna. Operators specifically want the previous regulatory framework and the investments already made by professionals in the sector to be taken into account.

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For them, the issue goes far beyond the case of a single operator. “Our approach does not only concern ETS SERIGNE MOMAR SOKHNA. It also concerns all professionals who have invested, created jobs and organized their activities in compliance with the rules that applied to them,” they declare.

The stakeholders are therefore asking the relevant authorities to carefully examine the situation of operators already involved in the sector. In particular, they are requesting a review of the situation created by Article 16 of Decree No. 000530, an analysis of its consistency with the previous regulatory framework, and a review of the license renewal applications of the operators concerned. They also want existing investments to be taken into account and for consultations to be initiated with representative organizations in the sector.

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From the appeal to the highest level of the State

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Faced with this situation, the professionals indicate that they have already submitted an appeal to the Minister of Industry and Trade. Their aim is to request a review of their situation and to find a solution that complies with the applicable legal framework. "We are still waiting for progress that will allow us to resolve this situation through dialogue and administrative review," they stated.

The operators, however, are not ruling out taking further institutional action. If a favorable outcome is not achieved, they plan to file an appeal with Prime Minister Ahmadou Al Aminou Lo, and then with the President of the Republic, Bassirou Diomaye Diakhar Faye. They maintain that they will prioritize "institutional channels, dialogue, and respect for the procedures of the Republic" until the very end.