Legal alerts / 13.01.2021

Amendments in the field of waste recycling in 2021

The extended responsibility of a producer provided for by Russian law implies that all producers/importers of goods into the Russian Federation must ensure that the waste recycling rates[1] from the use of produced/imported goods[2] included in the special list of goods and packaging of goods that must be recycled after they have lost their consumer properties (the “List”) are met.

Within this overview, we consider the main amendments that should be noted by companies producing goods in the Russian Federation or importing goods into the Russian Federation when reporting on compliance with the waste recycling rate in 2021.

A new List has been in effect since January 1, 2021

As of January 1, 2021 the current List terminated and a new list of goods and packaging of goods that must be recycled after they have lost their consumer properties came into force and will be valid until January 1, 2022[3].

Please note that six (6) groups of goods have been excluded from the new List including electronic and electrical wires and cables, multi-layer insulating glassware, wooden construction products and other joinery products, etc. Also, two (2) groups of the packaging of goods have been added to the new List including packaging made of polymeric materials containing halogen and packaging made of combined materials.

Amendments to the rules for reporting on compliance with the waste recycling rate

The obligation of a producer/importer of equipment to recycle the equipment is deemed to be fulfilled from the day on which[4]:

  • reports are submitted confirming that the waste recycling rate has been met, or
  • an environmental fee is paid.

From January 1, 2021 to January 1, 2022, the procedure for submitting such reports will be regulated by the updated Rules for producers and importers of goods to submit reports on compliance with the waste recycling rate from the use of goods approved by the RF Government’s Order No. 2010 dated December 3, 2020 (the “Rules“).

In general, the new rules do not differ noticeably from the former rules. At the same time, we note that under the new Rules, if there is no possibility of reporting in the form of an electronic document, a report must be submitted on paper with the required attachment of a soft copy of such report, formed using the electronic services of the waste accounting system. Previously, there was no direct provision for the submission of a soft copy of a report.

The new Rules also provide that the regulator Rospotrebnadzor is, in order to control for the information provided by a producer/importer of the goods within its reporting, entitled to request the information necessary for such control from (1) federal executive bodies which have such information at their disposal, as well as from (2) companies (individual entrepreneurs) with which the producer/importer of goods has concluded a contract for the recycling of waste from goods, including information on the availability of appropriate facilities for recycling waste. In this case, it is specified that information further to an above request of Rospotrebnadzor must be provided within 30 days.

Please be informed that there is an administrative fine for the non-submission/improper submission of a report on meeting the waste recycling rate and the declaration of the quantity of goods and packaging that is on the List and has been released into circulation in the Russian Federation. The administrative fine for legal entities is between approx. EUR 790 and EUR 1,690[5]. There is also an administrative fine for the submission of an incomplete report or declaration, or one that contains false information. The administrative fine for these offences is double the environmental fee for the corresponding product group (for group No. 32 “Computers and peripheral equipment, office equipment” the environmental fee is set at the rate of EUR 300 per ton), but not less than EUR 2,810[6].

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We recommend taking into account the above- mentioned amendments when your company prepares its report confirming that the waste recycling rate has been met in 2021.

[1]     The waste recycling rate is expressed as a percentage ratio of the quantity of equipment of a certain type (as well as the packaging of such equipment) sold to customers and to be recycled after it loses its consumer properties, to the total quantity of equipment of a certain type released into circulation in the Russian Federation (Information from the Ministry of Natural Resources of Russia “On topical issues of implementing the extended responsibility of producers and importers of equipment”).

[2]     Items 1 and 2 of Clause 24.2 of Federal Law No.89-FZ dated June 24, 1998 “On Production and Consumption Waste” (the “Waste Law”).

[3]     Order No.3721-r of the RF Government dated December 31, 2020 ”On the approval of the list of goods and packaging of goods that are to be recycled after losing their consumer properties”.

[4]     Item 9 of Clause 24.2 of the Waste Law.

[5]     Item 1 of Clause 8.5. of the Code of Administrative Offences of the Russian Federation.

[6]     Item 2 of Clause 8.5.1 of the Code of Administrative Offences of the Russian Federation.

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