Manufacturers and importers for the first time handed over to Rosprirodnadzor data on future waste
The first year of compulsory reporting in the framework of the expanded liability of manufacturers and importers (ROP) for goods and packaging, which eventually become waste, showed that market participants can hardly fulfill new responsibilities not only in terms of environmental fee for future utilization of goods, but also when providing information about their volumes. According to preliminary data from Rosprirodnadzor, the data to the service provided less than a third of those who should. The reasons are the unpreparedness of the business to new reporting and the imperfection of the legislation. Now violators are facing fines that can reach up to 500 thousand rubles, however, without improving the administration of payments by regulators, it will be just as difficult to collect them.
On April 15, the deadline for reporting and paying environmental fees by manufacturers and importers of goods and packaging as part of expanded responsibility for waste that is obtained from time. According to Kommersant in the service, according to preliminary data, reports for two years (in 2025 should be reported immediately for 2023 and 2024) filed 42.4 thousand companies on time. At the same time, in the summer of 2024, the Ministry of Natural Resources in an explanatory note to the draft Decree of the Government, introducing the Requirement Requirements, estimated the number of Ekkosboru payers of 129 thousand (see “Kommersant” of July 5, 2024). To ensure timely reporting, the department conducted an analysis and revealed about 80% of companies in the “shadow zone” – about 30 thousand warnings were sent.
The system of implementation of the expanded liability of manufacturers (ROP) was updated from January 1, 2024 (No. 451-ФЗ)-the responsibility for the disposal of packaging was transferred to its manufacturers to centralize accounting, in 2025 the recycling standard is 55%, in 2026-75%, from 2027-100%. At the same time, the general principle is preserved: if companies are not engaged in the disposal of production, imports or packaging waste themselves, they can pay the ECCOSKOR or pay for the services of the utilizer.
The number of real payers of the Eckosbor, however, from the very introduction of ROPs, the Ministry of Natural Resources did not suit the expected receipts from it, were estimated at tens of billions of rubles, but in fact they rarely went out for 3 billion rubles. In the year, while in recent years, this money has been “painted” and in a targeted way is spent on the implementation of the department’s tasks. The reasons for the shortage are the absence of fiscal experience and apparatus for the administration of fees; Their tax nature and proposals are more clearly described in the legislation and “immerse” the Tax Code more than once became the subject of discussions between the Ministry of Natural Resources and the Ministry of Finance, but never received development. The Ministry of Natural Resources intends to achieve an improvement in collection, including fines: they can reach up to 500 thousand rubles. A separate problem, however, as noted in Rosprirodnadzor, is that the reporting continues to arrive already beyond the scope of the deadline established by law, and 90 days are allocated for its verification. “There is a complaint work with organizations that will not fulfill obligations or fulfill them untimely,” the service said.
Among the problems faced by many companies, Deputy General Director of the Makulator League, Denis Kondratyev calls the novelty and complexity of the reporting, the lack of knowledge of the “ecological” agenda among many leaders. In addition, the responsibility for failure to provide data is administrative, not criminal. The main problem is the imperfection of the legislation – for example, there is no definition of packaging, there is no reference to the technical regulation, where it is determined, explains Peter Bazunov, CEO of the Union of Processing Plastics.
The main challenge – the lack of objective and reliable accounting for packaging and goods, says Alexander Kogan, deputy head of the State Duma Committee on Ecology: “Some enterprises overstate the processing volumes to avoid ecosborne.” As a solution, it is proposed to introduce mechanisms for identifying unscrupulous companies, including checking the real power of utilizers.
Requirements for market participants will continue to grow – as “Kommersant” said the deputy head of the Ministry of Natural Resources Denis Butsaev, in relation to goods, the recycling standards will increase by 10%annually. The Ministry of Natural Resources are needed to finance the “garbage reform” – earlier the head of the ministry, Alexander Kozlov, called the ROP one of the sources of its financing (see “Kommersant” of March 19): potentially fees can be increased from 4 billion to 50–70 billion rubles. per year. In order to successfully work in the existing paradigm, the authorities obviously need to “squeeze” the market participants, including tightening regulation, which may require an increase in the staff of Rosprirodnadzor employees, as well as the improvement of legislation.
