AEB Press release regarding the changes to Federal law № 89 “On production and consumption of waste"

20.06.2012

AEB Press release regarding the changes to Federal law № 89 “On production and consumption of waste"

 

Moscow, 20 June 2012
 
 
Press Release
 
The Association of European Businesses (AEB) would like to express its concern regarding the provisions in the draft law that introduces changes to Federal law № 89 “On production and consumption waste”. The above draft law was prepared by the Russian Federation Ministry of Natural Resources and Ecology and passed the first reading in October 2011.
 
On the 18th of June 2012 the working group of the State Duma Committee on Natural Resources, Environmental Management and Ecology held a meeting aimed at preparing the draft law for its second reading. One of the main provisions in the draft law introduces a principle of responsibility of producers and importers of goods that have lost their consumer properties and packaging. Dr. Frank Schauff, CEO of the Association of European Businesses, points out that “As environmentally responsible companies, AEB members recognise their responsibility with regard to such goods, as stated in the current version of the draft law”.
 
However, while AEB member companies are in full agreement with the principle of responsibility, they do not agree with the implementation procedure. The authors of the draft law propose the creation of self-regulatory organisations on waste management. These self-regulatory organisations, will in turn, establish a national association that will create a special reserve fund, which will ensure that waste is properly used, disposed of or buried by the producers and importers. This special reserve fund shall consist of compulsory contributions from the producers and importers. In the AEB’s opinion, this provision raises the issue of transparency; it does not take into account the specifics of various sectors and it does not give companies the opportunity to choose how best to take responsibility for their actions in such an event.
 
The AEB believes that there are several ways in which manufacturers realise their responsibility with regard to waste management: independent participation of the importers and manufacturers, joint participation together with other importers and producers (including through establishment of non-profit organisations) and participation through agreements, drawn up between manufacturers (importers) and the waste treatment operators for certain types of finished products, to ensure efficient waste management that is in compliance with the stipulated norms.
 
At earlier discussions within the framework of the working group established by the State Duma Committee, with regard to the proposed amendments, the AEB clearly stated its position in the Association’s Position Paper on the Draft Law “On the Amendment of RF Federal Law “On Industrial and Consumer Wastes” and other RF Legislative Acts in Terms of the Provision of Economic Incentives for Waste Management”, forwarded to the State Duma Committee and relevant ministries. The AEB Position Paper also made the Association’s position regarding the amendments to the Federal Law, clear.
On the whole, the AEB believes that the procedure for implementing this draft law is not clearly defined and the views and opinions of the producers (importers) are not sufficiently reflected. The AEB would like to express its readiness to participate in further discussions on the draft law and possible amendments to it. The Association is ready, on behalf of its member companies, to offer the necessary expertise and knowledge acquired from the practices carried out in EU member states at future negotiations. The AEB is also ready to offer the necessary support in the adaptation of these EU practices to the Russian conditions and further implementation of the new law.

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