Federal Law No. 458-FZ amending Federal Law No. 89-FZ on industrial and consumer waste. Pays/Territoire Fédération de Russie Type du document Législation Date 2014 Source FAO, FAOLEX Sujet Déchets et substances dangereuses Mot clé Déchets non-ménagers Gestion des déchets Lutte contre la pollution Emballage/étiquetage Recyclage/réemploi Droits/redevances relatives à l'environnement Responsabilité/indemnisation Commerce international Aire géographique Arctique, Asie et Pacifique, Mer Noire, Mer Caspienne, CEI (Communauté des États indépendants), Europe de l'Est, Europe, Europe et Asie Centrale, Pacifique Nord, Pacifique Nord Occidental Entry into force notes This Federal Law enters into force on 1 January 2015. Résumé The Law states that manufacturers and importers of goods must themselves provide for the recycling, salvage, reclamation, and disposal of waste generated from the use of such goods, that is waste generated by products and packaging which are no longer of value to consumers (Article 24.2). A list of specific goods and packaging subject to recycling, normative recycling standards, and the procedures for submitting reports on compliance with the normative standards are to be established by the Government of the Russian Federation (Article 2.4.2). Normative standards for recycling should be established by the Government for each group of goods as a percentage of the overall quantity of goods put on the market for internal consumption on the territory of the Russian Federation during a given calendar year, depending on the mass/weight of the finished products or the number of units thereof, or the mass/weight of the packaging used for the production of such goods (Article 24.2.12). Normative standards for recycling are to be established with regard for economic conditions and the potential dangers to human health and the environment posed by the waste, and with regard for the technological feasibility of recycling said goods; these standards will be subject to review every three years (Article 24.2.11). If the packaging of the product is manufactured using secondary raw materials, a lowered coefficient shall be applied, to be calculated as the difference between the item and the quantity of secondary raw material used in the manufacture of said packaging (Article 24.2.14). Manufacturers and importers must themselves ensure the implementation of recycling standards and practices via one of the following means (i) by organizing their own infrastructure (that is, to themselves carry out the collection, processing, and recycling of waste) or (ii) by signing contracts with municipal solid waste removal contractors (including regional contractors) (Article 24.2.3). The manufacturers or importers may carry out their recycling obligations throughout the entire territory of the RF, regardless of in which federal subject (region, oblast, etc.) the manufacturer or importer has its business operations (Article 24.2.8). If the manufacturer or importer of goods does not itself ensure recycling in compliance with the established standards and practices, it will be required to pay an ecological levy (Article 24.2.7). The ecological levy is classified as non-tax state budgetary revenue, and the levy amount shall be determined by the Government of the Russian Federation (Article 24.5.1). The ecological levy shall be calculated by multiplying (i) the ecological levy index/rate by (ii) the mass (weight) or number of units of finished goods put on the market on the territory of the Russian Federation (or the mass/weight of the packaging used in the production of the goods), and by (iii) the normative recycling standard (Article 24.5.6). If the normative standards for recycling are not reached by the manufacturers or importers who took on the obligation to independently recycle wastes but did not fully achieve the required standard, the ecological levy will be assessed in the following way: (i) the ecological levy index/rate is multiplied by (ii) the difference between the required quantity of recycled waste and the quantity actually achieved, by (iii) the mass/weight of finished goods or number of units of finished goods subject to recycling and put on the market on the territory of the Russian Federation (or mass/weight of the packaging used in the production of the goods), and by (iv) the unachieved normative standard of recycling, expressed in relative units (Article 24.5.7). The ecological levy index/rate is based on the average expenditure for the collection, transport, processing and recycling of a single item, or of one unit of mass/weight, of a product that is no longer of value to consumers. The ecological levy index/rate may include a separate amount representing expenditure on creating recycling infrastructure facilities. The ecological levy rates for each category of goods subject to recycling after they are no longer of value to consumers are to be determined by the Government of the Russian Federation (Article 24.5.5). Normative recycling standards may also be met through the creation of a corresponding association of manufacturers or importers. Such associations may also sign contracts directly with the contractors for the purpose of ensuring that recycling takes place (Article 24.5.4). Texte intégral Russe Site web publication.pravo.gov.ru Références - Législation Amende Federal Law No. 89-FZ on industrial and consumer waste. Législation | Fédération de Russie | 1998 Mot clé: Législation de base, Déchets ménagers, Déchets non-ménagers, Gestion des déchets, Lutte contre la pollution, Responsabilité/indemnisation Source: FAO, FAOLEX