New rules for drawing up certificates for waste of hazard classes I-IV
The Order was adopted as part of the reform of regulatory and supervisory activity (the “regulatory guillotine”) and replaced Resolution No. 712 of the Russian Government dated 16 August 2013 “On the procedure for issuing certificates for waste of hazard classes I-IV” with a similar regulatory subject matter.
The procedure for issuing certificates for waste of hazard classes I-IV approved by the Order (the “Procedure”) does not apply to radioactive, biological or medical waste, and ozone depleting substances (except for cases when such substances form a part of products which have lost their consumer attributes), and will be in effect until 1 January 2027.
1. Waste certificateA certificate for waste of hazard classes I-IV (a “Waste Certificate”) means a document certifying that waste belongs to the waste of the relevant hazard type and class and containing information concerning its composition.
A Waste Certificate is to be drawn up and approved for each type of waste of hazard classes I-IV by a legal entity or an individual entrepreneur whose operations generate the relevant waste. To draw up a Waste Certificate one should use the standard forms approved in the Order. A Waste Certificate will be kept by the person who drew it up, and nor is it required to be submitted anywhere under the Order.
|According to the previous rules for certifying waste, copies of Waste Certificates should have been submitted to the regional body of the Federal Service for Supervision of Natural Resource Usage (abbreviated in Russian as Rosprirodnadzor). This requirement has been abolished.|
2. Waste to be certifiedThe Order requires a Waste Certificate to be drawn up with respect to both waste included in the Federal Waste Classification Catalogue (FWCC) as well as waste not included in it. If waste is included in the FWCC, a Waste Certificate should be drawn up using one form; if not, another form is used.
|The obligation to draw up a Waste Certificate for waste not included in the FWCC is the main new development in the Order. The rules that were in effect until 1 January 2021 for drawing up waste certificates did not require a Waste Certificate to be drawn up before the waste reported in the relevant certificate was included in the FWCC.|
To draw up a Waste Certificate with respect to the waste which is presumably included in the FWCC, the identity must be checked of the waste's features (its origin, composition, state of matter and physical form) against the features of the relevant type of waste indicated in a waste data bank. To identify the composition of waste generally requires that a testing laboratory with the necessary accreditation be hired.
|Another new requirement established by the Order obliges legal entities and individual entrepreneurs to keep the documents based on which it has been established that waste of hazard classes I - IV corresponds with the type of waste included in the FWCC. According to the Order, Waste Certificates remain in effect for an indefinite time.|
To draw up a Waste Certificate with respect to waste not included in the FWCC, confirmation must be obtained from a regional body of Rosprirodnadzor in accordance with the procedure established by the Ministry for the Protection of the Environment and Natural Resources that the waste at hand belongs to a certain hazard type and class. To obtain the above confirmation, a Waste Certificate for relevant waste should be drawn up and approved within 30 days.
3. The reissuance of a Waste CertificateThe Order provides for the following grounds for having a Waste Certificate reissued:
- for legal entities - the reorganisation of a legal entity; changes in a legal entity’s name and address;
- for individual entrepreneurs - changes in the address, or in the first name, patronymic (if any) and surname, of an individual entrepreneur; changes in details of identification documents;
- when waste is included in the FWCC for which a waste certificate was drawn up earlier with respect to waste which was not included in the FWCC; in this case the Waste Certificate must be reissued within 30 calendar days after the relevant type of waste is included in the FWCC.
What to think about and what to doLegal entities and individual entrepreneurs are advised to identify all generated waste which belongs to hazard classes I-IV (whether or not included in the FWCC) which can be on the radar of inspection authorities. If no Waste Certificate has been drawn up with respect to certain waste, such certificate should be drawn up and approved in accordance with the procedure set in the Order.
It is worth offering a reminder that the absence of a Waste Certificate may entail administrative liability where a fine is imposed:
Help from your adviserPepeliaev Group's specialists are ready to provide comprehensive legal support to companies regarding any matters related to the drawing up, approval and reissuance of a Waste Certificate.
 Clause 1 of the Procedure.
 Clause 3 of the Procedure.
 Clauses 6 and 7 of the Procedure.
 Clause 7 of the Rules for certifying waste of hazard classes I - IV approved by Resolution No. 712 of the Russian Government dated 16 August 2013.
 Approved by Order No. 242 of Rosprirodnadzor dated 22 May 2017.
 Clauses 6 and 7 of the Procedure.
 The above waste data bank is maintained in accordance with the Order for maintaining the state waste cadastre approved by Order No. 792 of the Russian Ministry for the Protection of the Environment and Natural Resources dated 30 September 2011.
 Clause 5 of the Procedure.
 Order No. 1027 “On approving the procedure for confirming that waste of hazard classes I-IV belongs to a particular hazard class” dated 8 December 2020.
 Clause 4 of the Procedure.
 Clauses 8 and 9 of the Procedure.
 Article 8.2(9) of the Russian Code of Administrative Offences.