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Amendments planned to the Federal law “On production and consumer waste”


The Ministry of Natural Resources and Environment of the Russian Federation developed a draft of the Federal law “On amendments to the Federal law “On production and consumer waste” and certain legislative acts of the Russian Federation” (hereinafter – the “Bill” and the “89-FZ” respectively)1.

The key novelty of the Bill is stipulation of Recycling Standard of utilization with regards to both goods and package used for packaging goods. In this connection, the Bill clarifies the basic definitions of the 89-FZ:

  • offering a new definition of “waste production and consumption”, which differs from the current wording by including the package, used by the producers of sold goods for their packaging, and also focusing on the loss of consumer properties of those objects and substances, that are covered by the definition of “production and consumption waste”;
  • amending the definition of “Recycling Standard of recycling waste from the use of goods” (hereinafter – the “Recycling Standard”). For the purposes of calculating of the Recycling Standard the Bill refuses from the current ratio of the number of sold by the manufacturer goods to the total number of goods issued and released into circulation. The Bill envisages, that the Recycling Standard will be calculated on the basis of amount of goods and separately their package, sold by the manufacturer on the territory of the Russian Federation;
  • introducing the definition of “separate waste accumulation”, which is expressed in arranging waste storage place by a legal entity for voluntary alienation by a person of  his title over the waste. Said waste from use of goods appears as a result of the person’s consumption. Currently, the 89-FZ only stipulates separate waste collection. However, the novelty proposed by the Bill intends to provide the technology of separate waste management at all stages of activity on waste management (collection, storage, transportation, processing, recycling, disposal, waste neutralization and dumping). Moreover, the introduction of separate waste accumulation technology results in reduction of the negative impact on the environment, which, in its turn, reflects the advanced European experience in the area of separate waste recycling.

The Bill allows not to license the activity for utilization of waste I – IV danger classes generated as a result of activities of the same sole entrepreneur or legal entity, which carries out the utilization of waste I – IV danger classes.

Substantial attention is paid to the territorial scheme of waste management:

  • the scheme is subject to public discussion by its posting in the Internet on the official website of the constituent entity of the Russian Federation;
  • future adjustments to the scheme with the subsequent approval of the authorized bodies are allowed;
  • the establishment of the state information system of public control in the area of environmental protection is provided;
  • the requirements on publishing by  the persons, carrying out waste management, of reports on activities in environmental protection using a unified state waste record system.

The Bill introduces a separate clause to the art. 24.2. of the 89-FZ, which would provide manufacturers, importers of goods with the opportunity to transfer waste from the use of goods on the basis of relevant contract to sole entrepreneurs and legal entities, engaged in waste admission and utilization. However, such provision is contained in the current wording of the clause 4 art. 24.2. of the 89-FZ, with the exception for clarifying, that the contract is concluded for the transfer of waste. Persons, engaged in collection and utilization of transferred waste, undertake to carry out utilization within a period not exceeding one year from the date of such wastes reception.

The Bill also entitles regional operators to conclude contracts on rendering services for the utilization of municipal solid waste with the sole entrepreneur and (or) legal entity.

Currently the Bill is under public discussion concerning its wording and anti-corruption expertise.

_____

1http://regulation.gov.ru/projects#npa=63615



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