Importers and manufactured of certain product categories are required to organise recycling of wastes resulting from the use or consumption of such products, in accordance with the recycling targets set by the Government of the Russian Federation. The obligation of operators (importers and manufacturers) is considered to be fulfilled from either the moment of submitting a report on the fulfilment of the set recycling targets or from the moment they have paid the required environmental charge. The environmental charge applies to operators who have chosen not to organise waste recycling themselves.
If an operator fails to meet the recycling targets, the operator is required to pay the environmental charge that is calculated by multiplying the rate of environmental charges by the difference between the set and the actually achieved volumes of the recycled waste.
The operator is required to confirm the fulfilment of the set recycling targets by submitting a declaration specifying the volume of goods released on the Russian market during the previous calendar year, including packaging and a report on meeting the set recycling targets and/or environmental fee calculation for the reporting year.
Failure to submit or untimely submission of the declaration or the report and/or submission of false information in the declaration or the report is considered “concealment, deliberate misrepresentation or untimely reporting of complete and reliable information on the sources of harmful effects on the environment and natural resources” which is an administrative offence pursuant to Article 8.5 of the Administrative Offences Code of the Russian Federation.
Notably, the Administrative Offences Code of the Russian Federation does not specifically impose any liability for non-payment of the environmental charge for waste generated by products subject to the extended producer responsibility.
Law: Letter N АС-10-02-36/156 issued by Rosprirodnadzor on 9 January 2018.