Doing Business in Russia
Regulations on the
disposal of consumer
products and
packaging waste
Many companies this year have fallen
within the scope of new regulations
on the disposal of consumer products
and packaging waste. This is a direct
result of amendments to Federal Law
No. 89-FZ of 24 June 1998 "On the
Production and Consumption of Waste"
(as amended on 29 December 2015)
(the "Recycling Law"), which extend
the definition of waste disposal and
impose obligations to recycle or pay an
environmental duty.
Usually, the Recycling Law is
interpreted to mean that 'waste
disposal' is the destruction of products
by land burial or incineration (for
example, when a product's shelf life
expires, or when it degrades and
ceases to be marketable).
The amended Recycling Law provides
a new definition, stating that waste
disposal is the reprocessing of waste
for recycling purposes.
Please refer to a List, approved by
the Russian Government (Decree of
the RF Government No. 1886-r dated
24 September 2015 "On the List of
Finished Goods, including Packaging,
to be Recycled at the End of Their
Usable Life"), for more details on the
list of finished goods regulated by the
Recycling Law. After reviewing this
List, it becomes clear that companies
in almost every sector shall have
the obligation to carry out recycling
procedures or pay an environmental duty.
The List includes automobile
manufacturers (obliged to dispose of
waste tyres and solid rubber products),
pharmaceutical companies, enterprises
in the consumer, retail and light industry
sectors, electronics manufacturers, and
many more.
Given that the packaging disposal
burden lies with producers and
importers, the Recycling Law affects
almost every Russian company.
The Recycling Law covers both producers and importers, and
stipulates that they have to take responsibility for the annual
recycling of waste from the use of certain goods (and their
packaging) to meet the established recycling targets, or have an
obligation to pay an environmental duty calculated on the basis
of specific rates if the recycling targets are not met or if, following
a decision by the company, no attempt to recycle the waste was
made. These amendments, in turn, have introduced new reporting
requirements.
Doing Business in Russia 39
Novosibirsk
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