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Fines imposed under the Disposal and Recycling of Tires Law 5767-2007 - apparently something can be done

13.12.20 | 11:04  

The Disposal and Recycling of Tires Law 5767-2007 ("the Law") imposes an obligation on tire and vehicle importers to meet the annual used tire disposal and recycling targets specified therein and to report this to the Tire Recycling Supervisor ("The Supervisor").

An importer who does not meet the targets specified in the Law is exposed to extremely high pecuniary sanctions which the Supervisor may impose.

In the past year, the Supervisor has imposed financial sanctions amounting to millions of shekels on many of the leading and most prominent importers in these industries. Our firm recently represented several such importers, who believed that they had acted properly, but were nevertheless fined an aggregate sum in excess of NIS 26 million.

As a result of our intervention, while using appropriate legal tools, in-depth knowledge of the system and the tire recycling sector, and creative thinking, we were able to bring about a complete annulment, and in one case a very significant reduction, of the sanctions which the Supervisor had announced he intended to impose on our clients for what was defined as "noncompliance with the turnover targets".

In one type of case, we represented two large tire importers and a large vehicle importer and succeeded in reversing the Supervisor's intention to impose sanctions in excess of NIS 24 million "after examining and weighing the submissions made " in our letters. In another case, we represented a large tire importer on whose behalf we petitioned the court after he was fined a sum of close to NIS 2 million. 24 hours before the hearing, the Supervisor reached a settlement with us, according to which the fine would be reduced to approximately 90% of the original amount.

It is difficult to overstate the importance of the legal breakthrough which this settlement represents for other importers such as yourselves, in the context of both this Law and in relation to the sanctions imposed under other laws.

Our firm advises many business entities in the increasingly stringent regulatory obstacle course of environmental legislation and represents them before the authorities. We shall be happy to meet, hear about the challenges which you are facing and offer a "protective suit" tailored to your measurements. If you are being assisted by the services of another law firm in the field, we shall be happy to help it contend with these matters, in which we have acquired special expertise over the years.

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* Advocate Ofer Bar-On is the firm's managing partner and specializes in commercial law, administrative law and regulation

* Advocate Yaron Silver, is a partner who specializes in motor and commercial law

* Advocate Gal Snir heads the firm's environmental regulation department and served as Assistant Director General of the Ministry of Environmental Protection from 2014-2016.