Russian EPR law: legal requirements and complianceSun, 02/02/2020 - 21:00
Extended Producers Responsibility (EPR) was introduced in Russia by the Federal Law Amending the Law On Industrial and Consumer Waste (№ 458-FZ), enforced from Jan 1, 2015. The amended law is a framework law and several Government regulations have been issued which define the responsibilities for the key stakeholders and EPR implementation. Paragraph 24.2 of (№ 458-FZ) establish obligation for producers and importers to ensure post-consumer recycling of their products and packaging after they become waste.
The obligation can be implemented in three ways:
1) Self-compliance solution (own collection system or contract with waste management company)
2) Self-compliance implementera together with other companies who are self-compliant – in the form of an association (PRO)
3) Payment of government approved eco-fees to the State Budget
Products and packaging subjects of the new law
The Government Regulation defines products and packaging subject of the law as per Russian economic activity classification ОК 034-2014 (КПЕС 2008) and includes 54 groups of products and packaging, which are found in the municipal solid waste (electronic equipment, batteries, lamps, textile and clothing, furniture, consumer goods, building materials, packaging etc.). According to this regulation all producers and importers, who sell those listed products to the Russian market have to meet the recycling targets. Even if the product is not listed in the regulation, the packaging (metal, glass, plastic, cardboard, combined packaging) of any product is covered by the regulation and targets must be met for the packaging.
The recycling targets are set for the product and packaging groups. Targets for 2018-2020 were approved in December 2017. If the obliged industry has not implemented an individual or collective compliance scheme and met the established targets, the eco-fee is payable.
Eco-fees have been approved by the Government Order and they vary according to the product group. The fees are established in Rubles per kg; the money goes to the State Budget.
Reporting and payments
Producers and importers must submit reports to Federal Service for Supervision in the Use of Natural Resources (Росприроднадзор) once per year. Two reports must be submitted by April 1, 2020: “Declaration of goods and packaging sold to the market in 2019” and “Report on the recycling targets achievements in 2019”. Eco-fee (if applicable) is payable by April 15th, 2020. Special form which confirms eco-fee payment must be submitted by April 15th, 2020. Official forms for reporting have been approved.
Enforcement and control
Federal Service for Supervision in the Use of Natural Resources is the responsible authority to control and enforce law in respect of Law On Industrial and Consumer Waste. Penalties for environmental violations (Code of the Russian Federation on Administrative Offenses) are applicable. First fines have been issued for non-compliance with the law.
If you as an importer or a producer are subject of Russian EPR law, we can support you to identify the scope of your legal responsibilities, find the solution to reach the legal compliance and help you with the reports preparation and submission. As a minimum action, producers and importers must submit reports and pay eco-fee to the State.
CEEREC can also advise you on the self-compliance solution implementation and joining a Producers Responsibility Organization (PRO).