FEDERAL LAW OF THE RUSSIAN FEDERATION

of August 4, 2023 No. 451-FZ

About introduction of amendments to the Federal law "About Production Wastes and Consumption" and separate legal acts of the Russian Federation

Accepted by the State Duma on July 25, 2023

Approved by the Federation Council on July 28, 2023

Article 1

Bring in the Federal Law of June 24, 1998 No. 89-FZ "About production wastes and consumption" (The Russian Federation Code, 1998, No. 26, Art. 3009; 2001, No. 1, Art. 21; 2004, No. 35, Art. 3607; 2006, No. 1, Art. 10; 2007, No. 46, Art. 5554; 2009, No. 1, Art. 17; 2011, No. 30, Art. 4590, 4596; 2012, No. 26, Art. 3446; No. 27, Art. 3587; 2015, No. 1, Art. 11; No. 27, Art. 3994; 2016, No. 1, Art. 24; No. 15, Art. 2066; No. 27, Art. 4187; 2017, No. 1, Art. 27; 2018, No. 1, Art. 87; No. 53, Art. 8409; 2019, No. 30, Art. 4127; No. 51, Art. 7483; No. 52, Art. 7768; 2021, No. 24, Art. 4188; No. 27, Art. 5184; 2022, No. 29, Art. 5235, 5247, 5310; No. 41, Art. 6953; No. 52, Art. 9349) following changes:

1) in Item 1 of Article 1:

a) the thirtieth to state the paragraph in the following edition:

"waste from use of goods and (or) packagings (further also - waste from use of goods) - the waste which is formed after loss by goods and (or) packaging fully or partially of the consumer properties. Products as being goods, and used for packaging of goods belong to packaging;";

b) add with paragraphs of the following content:

"waste recycling from use of goods - use of waste from use of goods and (or) secondary raw materials received from waste from use of goods for production of goods (products);

ecological collection - the collection paid by the legal entities and individual entrepreneurs performing production of goods, packagings in the territory of the Russian Federation (further - producers of goods), the legal entities and individual entrepreneurs performing commodity importation including goods in packaging, from the states which are not members of the Eurasian Economic Union or commodity importation from state members of the Eurasian Economic Union (further - importers of goods) which do not provide independent waste recycling from use of goods, and also the legal entities, individual entrepreneurs performing waste recycling from use of goods in the cases provided by this Federal Law.";

The paragraph of the sixth of Item 2 of Article 3 to state 2) in the following edition:

"the maximum waste recycling, including waste recycling from use of goods;";

3) in Article 5:

a) the nineteenth to state the paragraph in the following edition:

"establishment of the inventory, packaging which waste from use is subject to utilization;";

b) the twenty first to state the paragraph in the following edition:

"approval of form of the act of waste recycling from use of goods;";

c) to state the paragraph of the twenty second in the following edition:

"establishment of procedure for confirmation of the fact of export, including the third parties, from the Russian Federation of goods, packagings which waste from use is subject to utilization;";

d) twenty third to state the paragraph in the following edition:

"establishment of procedure for maintaining the register of legal entities, the individual entrepreneurs performing waste recycling from use of goods (further also - the register of utilizers);";

e) in the paragraph the twenty fourth" (including" shall be replaced with words ", including", words "payment due date, procedure of control of correctness of its calculation, completeness and timeliness of introduction, procedure for collection," to exclude, the word "collection)" to replace words with the word of "collection";

e) the twenty fifth to state the paragraph in the following edition:

"establishment of procedure and conditions of provision from the federal budget of the means which arrived on account of payment of ecological collection, and their use;";

g) to state the paragraph of the twenty seventh in the following edition:

"check of execution by producers of goods, importers of goods of obligation on ensuring waste recycling from use of goods;";

h) in the paragraph the twenty eighth to replace the word "upgrades" with the word "developments";

4) in Article 9:

a) to add Item 2 after the words "register of licenses" with the words "on implementation of activities for collection, transportation, processing, utilization, neutralization, placement of waste of the I-IV classes of danger (further-the register of licenses)";

b) add with Items 6 - 10 following contents:

"6. In case of implementation by the legal entity or individual entrepreneur of activities for waste recycling of the I-IV classes of danger of the data on the goods (products) made by the licensee with use of waste of the I-IV classes of danger and about the equipments and (or) installations used during the processing, utilization, neutralization of waste of the I-IV classes of danger belonging to the licensee on the property right or other legal cause and about their production capacity join in the register of licenses.

7. In case of change of the inventory (products), the waste of the I-IV classes of danger, and (or) production capacity of the equipment and (or) installations specified in Item 6 of this Article made by the licensee with use entering of corresponding changes into the register of licenses is required.

8. In case of the increase in production capacity of the equipment and (or) installations specified in Item 6 of this Article, production of new goods (products) with use of waste of the I-IV classes of danger changes in register of licenses based on the statement of the licensee for modification of the register of licenses by results of evaluating compliance of the licensee to licensed requirements in connection with this change are entered.

9. In case of the reduction of production capacity of the equipment and (or) installations specified in Item 6 of this Article, reduction of the inventory (products) made with use of waste of the I-IV classes of danger changes in register of licenses by the authorized officer of the licensing body based on the application submitted by the licensee (his legal successor or other person provided by the Federal Law) without evaluating compliance of the licensee to licensed requirements are entered.

10. Introduction terms by the licensing body of changes in the register of licenses, the list of the data containing in the statement provided by Items 8 and 9 of this Article, procedure for the direction of such statement in the licensing body are established according to the Federal Law of May 4, 2011 No. 99-FZ "About licensing of separate types of activity".";

Article 21 to add 5) with the paragraph of the following content:

"providing goods with producers and importers of goods, including goods in packaging, waste recycling from use of goods.";

Article 24.2 to state 6) in the following edition:

"Article 24.2. Regulation in the field of the address with waste from use of goods

1. Shall provide waste recycling from use of goods:

1) producers of goods (the legal entities and individual entrepreneurs performing production of goods, packagings in the territory of the Russian Federation);

2) importers of goods (the legal entities and individual entrepreneurs performing commodity importation including goods in packaging, from the states which are not members of the Eurasian Economic Union or commodity importation from state members of the Eurasian Economic Union).

2. Producers of goods, importers of goods provide waste recycling from use of goods according to the standard rates of utilization established by the Government of the Russian Federation, except for case, stipulated in Item 4 these Articles.

3. Standard rates of utilization concerning the goods included in the list, stipulated in Item the 5th this Article are established percentage of the lump of the goods made in the territory of the Russian Federation, imported from state members of the Eurasian Economic Union or from the states which are not members of the Eurasian Economic Union.

4. Producers of goods, importers of goods provide waste recycling from use of the packaging in respect of all lot of the packaging made in the territory of the Russian Federation and (or) imported from the states which are not members of the Eurasian Economic Union, or state members of the Eurasian Economic Union.

5. The inventory, packagings which waste from use is subject to utilization is established by the Government of the Russian Federation.

6. The producer of goods packing the goods made by it including by heating, pulling, division into parts of packaging, shall not provide waste recycling from use of the specified packaging, except as specified, if the specified packaging is made by this producer of goods.

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