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A new recording procedure in the area of waste management has been adopted

02.02.2021
10 min read
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Pepeliaev Group advises that since 1 January 2021 a new recording procedure in the area of waste management has been in effect[1] (the “New Procedure”). The previous recording procedure in the area of waste management[2] has been repealed starting from the above date pursuant to Resolution No. 1496 of the Russian Government dated 18 September 2020, which was issued as part of the “regulatory guillotine”. 
 
The New Procedure provides for the following changes, amendments and clarifications with respect to organising recording in the area of waste management. 
 

The scope of waste management data application has been clarified[3].

In addition to filling out the form of federal statistical monitoring in the area of waste management[4], justifying the standards for generating and the limits for placing waste[5], calculating the payment for the negative impact on the environment[6], the data is used for preparing the report on organising and on the results of carrying out industrial environmental control (the “IEC”)[7].

The following new obligations are introduced for the recording of waste to be organised[8]:
  1. to identify substances and materials resulting from production, the performance of work, the supply of services, including gas purification, waste and recycling water treatment, cleaning equipment and the territory as well as the elimination of pollution;
  2. to identify articles that have lost their consumer properties when they were used for the manufacturing of products, performance of work and supply of services;
  3. to set out the content of the resulting types of waste (and fill out the relevant form according to Appendix 1 to the New Procedure) that are subject to recording, including, in addition to the names and types of waste, the FWCC code[9] and hazard class, the following data:
    • the origin of the relevant type of waste and the conditions in which it was formed[10];
    • state of matter and physical form of the type of waste[11];
    • the chemical composition and/or component composition of the type of waste[12].
comment.jpgThe obligation to set out the content of the resulting types of waste, particularly with regard to the origin of the relevant type of waste and the conditions in which it was formed, appears to be a progressive new development in terms of tracing the entire life-cycle of the waste starting from the source of such waste. However, the New Procedure does not provide for such data to be filed with the state authorities; neither does it provide for storage requirements for such data. When filling in the consolidated waste recording data in accordance with appendices Nos. 2 and 3 to the New Procedure and form No. 2-TP of the statistical report (waste), the above data is not required. This obligation has probably been introduced for the future, i.e. when there will be an information system to trace waste starting from the time when products were manufactured[13].

The list of operations with waste that are to be recorded has been extended[14]:

in addition to the information on generating, using (“disposing of”, under the New Procedure), neutralising, transferring to and receiving from third parties and placing waste, the amount of processed waste should be recorded. 

comment.jpg
Regardless of the fact that, in accordance with the definition of the concept of “waste management” in article 1 of Law No.89-FZ[15], generating waste is not treated as waste management[16], as directly specified in article 19 of Law No.89-FZ, persons which only generate (and accumulate) waste (when specialised companies perform other operations with such waste) must also keep records in the area of waste management. 
  
The concept of “waste processing” (as well as “disposal”) has been introduced by Federal Law No. 458-FZ dated 29 December 2014 together with provisions on Manufacturers’ Extended Responsibility (MER)[17] (articles 24.2 - 24.5 of Law No. 89-FZ). Therefore, the previous waste recording procedure of 2011 does not contain any requirements for recording such type of waste management activity. 

Therefore, the record data in the area of waste management is aimed at providing the necessary information to the state authorities when supervision is exercised over persons subject to MER performing their obligations to dispose of waste, and at supplying the necessary data to the state information systems[18]. Such necessary data is provided by means of submitting reports on the results of IEC and form No. 2-TP of federal statistical monitoring (waste). 

The list of sources of information for the application of the calculation method for recording the amount of waste has been supplemented[19]

Now, in addition to technical, technological and accounting documents, the following data is also recorded:
  • time-keeping data;
  • the figures of waste generation standards;
  • the capacity of waste accumulation locations (sites);
  • the capacity and load of waste processing, disposal and neutralising facilities;
  • other data characterising activity relating to waste generation and management.
Delivery and acceptance certificates and contracts are classified as documents confirming the amount of waste transferred to or received from other persons, together with certificates of work performed and other documents confirming transactions to dispose of the waste. 

comment.jpgUnlike the previous recording procedure in the area of waste management, the list of sources of information for the application of the calculation method of recording the amount of waste under the New Procedure is open, as is the list of documents confirming the amount of waste transferred/received. 

A new deadline has been established for consolidating the record data in the area of waste management based on the results of another calendar year (as of 1 January of the year following the accounting year): 

no later than 25 January of the year following the reporting period[20].

The record data is consolidated separately with regard to each NEI facility and/or in its entirety with regard to a legal entity or an individual entrepreneur in the form of a table[21]

Consolidated record data in the area of waste management following a calendar year includes[22]:
  • the title page drafted in any form;
  • summary waste record data formalised in accordance with appendices No. 2 (Consolidated Record Data in the Area of Waste Management) and No. 3 (Record Data Concerning the Waste Transferred to or Received From Other Persons) following another quarter and another calendar year. 
comment.jpgFrom the content of clause 12(6) of the New Procedure it follows that the summary waste record data should be consolidated not only following a calendar year, but also following each quarter during a year, as previously required[23]
 

The consolidated record data following a calendar year must be documented in hard copy and certified by a signature of the official responsible for keeping records in the area of waste management. 

There are also requirements for correcting errors in the record data: adjustments are to be made only in hard copy and must be confirmed by a signature of the official responsible for keeping records in the area of waste management[24].

The storage period for the record data in the area of waste management following a calendar year and for the documents confirming the accuracy of such data remains unchanged, and is five years from the time when the data and documents were formed[25].

What to think about and what to do

We recommend that companies carrying out activity in the area of waste management as well as companies generating waste should carefully read the New Procedure for keeping records in the area of waste management in order to assess the existing corporate procedure for recording waste management in terms of the new requirements and, if needed, bring the existing waste recording procedure into line with the New Procedure.

Help from your adviser

Pepeliaev Group’s lawyers are ready to advise on issues associated with performing the new requirements for companies engaged in waste management and generating waste, and to assist in dealing with supervisory authorities should any contentious situations arise when the provisions of Order No. 1028 of the Russian Ministry of Natural Resources and Environment dated 8 December 2020 are being implemented.



[1] Approved by Order No. 1028 of the Russian Ministry of Natural Resources and the Environment dated 8 December 2020.
[2] Approved by Order No. 721 of the Russian Ministry of Natural Resources and the Environment dated 1 September 2011.
[3] Clause 5 of the New Procedure.
[4] Starting from 2020 the reports should include new form No. 2-TP (waste) (the form with filling out instructions approved by Order No. 627 of the Russian Federal State Statistics Service dated 9 October 2020 as amended by Order No. 698 of the Russian Federal State Statistics Service dated 13 November 2020).
[5] Relevant for enterprises operating facilities with a negative environmental impact (NEI) of categories I-II.
[6] Relevant for all enterprises engaged in placing (storing and landfilling) waste both at their own facilities and by using the services of specialised companies).
[7] Relevant for enterprises operating NEI facilities of categories I-III.
[8] Clause 7 of the New Procedure.
[9] FWCC – the Federal Waste Classification Catalogue (approved by Order No. 242 of the Russian environmental regulator Rosprirodnadzor dated 22 May 2017).
[10] Determined in accordance with the type of production and technological process; the origin of consumption waste is determined in accordance with products that have lost their consumer properties, which resulted in such waste being formed (clause 7(16) of the New Procedure).
[11] Determined taking into account the appendix to the Procedure for maintaining the state waste cadastre approved by Order No. 792 of the Russian Ministry of Natural Resources and the Environment dated 30 September 2011 (clause 7(17) of the New Procedure).
[12] Determined based on the data contained in the process regulations, specifications, standards and design documents; if the above documents contain no such data - based on the results of a quantitative chemical analyses carried out in accordance with the requirements for measurement and measuring tools established under the legislation for ensuring the uniformity of measurements (clause 7(18) of the New Procedure).
[13] Such information system is provided for by the Concept of Improving the Mechanism of Manufacturers’ Extended Responsibility, which was approved at the meeting of the Russian Government’s working group on 21 December 2020 (http://government.ru/news/41183/).
[14] Article 8 of the New Procedure.
[15] Federal Law No. 89-FZ “On production and consumption waste” dated 24 June 1998.
[16] The concept of “waste management” applies to such types of activity as the collection, accumulation, transportation, processing, disposal, neutralisation and placement of waste. Under article 9 of Law No. 89-FZ the same types of activity are subject to licensing (except for management of waste of hazard class V).
[17] MER is the extended responsibility of manufacturers of goods (as well as importers of goods) to dispose of goods that have been produced/imported and that have lost their consumer properties (article 24.2 of Law No. 89-FZ).
[18] In particular, the Unified State Information System for Recording Waste From the Use of Goods (article 24.3 of Law No. 89-FZ), the State Information System for Recording and Supervising the Management of Waste of Hazard Classes I and II (Resolution No. 1346 of the Russian Government dated 18 October 2019) and the State Information System for Recording Solid Utility Waste (article 13.5 of Law No. 89-FZ).
[19] Clause 8 of the New Procedure.
[20] Clause 7 of the Procedure approved by Order No. 721 of the Russian Ministry of Natural Resources and the Environment provided that the record data following another calendar year (as of 1 January of the year following the accounting year) should be consolidated no later than the 10th day of the month following the specified period.
[21] Clause 11 of the New Procedure.
[22] Clause 12 of the New Procedure.
[23] Clause 7 of the Recording Procedure in the Area of Waste Management approved by Order No. 721 of the Russian Ministry of Natural Resources and the Environment.
[24] Clause 14 of the New Procedure.
[25] Clause 16 of the New Procedure.

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