RA11898 Extended Producer Responsibility Act of 2022 An Act Institutionalizing the Extended Producer Responsibility (EPR) on Plastic Packaging Waste, Amending For This Purpose Republic Act No. 9003, Otherwise Known As The "Ecological Solid Waste Management Act Of 2000” Lapsed into law on July 23, 2022 Published in Daily Tribune on July 28, 2022 Effectivity date: AUGUST 13, 2022Slides Why, and What is, EPR? + To institutionalize the Extended Producer Responsibility (EPR) mechanism as a practical approach to efficient waste management, focusing on waste reduction, recovery and recycling, and the development of environment-friendly products that advocate the internationally accepted principles on sustainable consumption and production, circular economy, and producers’ full responsibility throughout the life cycle of their product. [Sec. 2(k)] + EPR shall refer to the environmental policy approach and practice that requires producers to be environmentally responsible throughout the life cycle of a product, especially its post-consumer or end-of-life stage; (Sec. 3)Slide 6 Institutional Changes Revised the composition of the NSWMC to reduce the number of member government agencies to 8 (from 14) and increase the number of private sector members to 5 (from 3) Redefined the functions of the National Ecology Center (NEC) and designates the EMB Assistant Director as NEC Head. Provided for a new Chapter III-A in RA 9003 to deal with (1) the National Framework for all types of product wastes and (2) EPR for Plastic Packaging Required the issuance of the National Framework for All Types of Product Wastes and the EPR Law IRR within 90 days (due November 11, 2022) Provided for EPR related fines to be adjudicated by the DENR: PAB Provided for Mandatory Review of the NEAP List within 1 year and of the EPR law for possible remedial legislation Provided Joint Congressional Oversight.Institutional Changes + Revised the composition of the NSWMC to increase the number of private sector members to 5 (from 3). The private sector shall be represented by the following: a) Three (3) representatives from nongovernment organizations (NGOs) with a track record on solid waste management or waste reduction, recycling and resource recovery; b) Arepresentative from the recycling, composting, or resource recovery and processing industry; and c) Arepresentative from the manufacturing industry, packaging industry, or Sbliged enterprises;EPR National Framework, shall include a) Reduction of non-environment friendly products which may include: 1) adoption of reusable products, or redesign of the products to improve its reusability, recyclability, or retrievability; 2) inclusion of recycled content or recycled materials in a product; 3) adoption of appropriate product refilling systems for retailers; 4) viable reduction rates plan; 5) information and education campaign schemes; and 6) appropriate labeling of products, including the information thereon for the proper disposal of the waste product.EPR National Framework, shall include b) Product waste recovery programs aimed at effectively preventing waste from leaking to the environment, which may include: 1) waste recovery schemes through redemption, buy-back, offsetting, or any method or strategy that will efficiently result in the high retrievability, high recyclability, and resource recovery of waste products; 2) diversion of recovered waste into value chains and value-adding useful products through recycling and other sustainable methods; 3) transportation of recovered waste to the appropriate composting, recycling, or other diversion or disposal site in the country; 4) clean-up of waste leaked to coastal areas, public roads, and other sites; 5) establishment of commercial or industrial scale recycling, composting, thermal treatment, and other waste diversion or disposal facilities for waste products, when investment therein is viable; and 6) partnership with LGUs, communities, and the informal waste sectorsDevelopment of EPR National Framework identification of sectors which should undergo EPR: Slide 10 + Priority sectors should be the ones already causing significant impact to the environment and for which the identification of responsible producers and arrangement of collection network are reasonably easy: very relent nly of plate ste) ofmunipal ware pus waste rom Drofetional sectors. EPR aly to be ranged by materia (metal gas, paper nd plat pacaging) args (200k | Yen limited number of eee ‘Yer replacing workshops end te tone of ELT /y)_| manufactures andimportre aaa Moderately | Yor limited number of large Pariy ca batteries may be purchated in large (20 tone | manufactures andimportre sepermorkats and replaced drectiy by he 2023) Large (800. | Yer limited number oferge Paral cureriy EV maybe sina Soo Eve /ye)_| manufacturers and importers sbandonad upon de-vegatation and ore not traced bak Tecic nd | arge(S3kions | Petally~lrge numberof small and | Paral: Ewes [or WEEE) are often ‘sectronie | in 2039) large manufacturer of several types of | stored inthe houses /afes even they ‘etpment et and gadgets rent anymore fucional: Many Informally managedKey aspects to be considered in the EPR s"*«" National Framework + Legal status of PRO organisation: mandatory, voluntary, profit or non-profit + Tarif schemes for the contribution to PROs by material + Eligible recycling or disposal technologies + Availability of recycling technologies in term of Processes and their capacities + Collection and Recycling targets to be achieved (5 yrs plan by sector) + Type of cooperation with LGUs expected + Detailed contents of the EPR plan to be submitted for approval + Ancillary regulations (i.e. mandatory collection point, take back schemes, etc.) + Modalities for cooperation with informal operatorssides What is Plastic Packaging? Section 6 of the EPR Law defines “plastic packaging” as referring to products utilized to carry, protect, or pack goods for transportation, distribution, and sale. \t includes: a) Sachets, labels, laminates, and other flexible plastic packaging products, whether single layer or multi-layered with plastics or other materials; Rigid plastic packaging products, whether layered with any other materials, which include containers for beverages, food, home, personal care, and cosmetic products, including their coverings, caps, or lids and other necessities or promotional items, such as cutlery, plates, drinking straws, or sticks, tarps, signage, or labels; Plastic bags, which include single-use plastic bags, for carrying or transporting of goods, and provided or utilized at the point of sale; and d) Polystyrene b) c}Slide 2 What does an EPR Program include? 1) Whether the EPR program is to be implemented individually, collectively, or through a PRO; 2) OE or PRO information, and contact information of the person responsible for its EPR; 3) Specific type of plastic packaging materials and product brands; 4) Verifiable volume or weight of the plastic packaging brought into the market within a specified period; (plastic footprint) 5) Target volume or weight of plastic packaging waste for recovery, reuse, and recycling; (Waste Diversion Target) 6) Other EPR programs, such as the redesign of plastic packaging to improve reuse or recyclability; (adds to Waste Diversion Accomplishment) 7) Labeling of packaging materials to facilitate recovery, reuse, recycling or proper disposal of packaging materials; 8) Status of implementation of the EPR mechanisms; and 9) Status of compliance.Slide 14 Enterprises obliged to implement EPR * Obliged Enterprises (OEs) are large enterprises that generate plastic packaging waste. An enterprise is considered large when its total assets, except land on which its office, plant, and equipment are situated, exceed the of Medium Scale Enterprises under the MSME Law RA (Php100 Million). * OEs are product producers that may be — + Brand Owners + Manufacturers, whether directly or indirectly (contract manufacturing) producing _ their products under their brand ¢ Importers of consumer goods, intended to be sold, whether in original packaging or to be repackaged for distribution to the general public.Slide 11 How OEs may comply? OEs shall institute an EPR program either: + Individually *Collectively, but not as a Producer Responsibility Organization (PRO) * Collectively to form, or authorize, a PRO for the purpose of establishing a viable platform to implement their EPR program OEs or PROs shall submit and register their EPR program to the NSWMC, through the Department, within six (6) months upon the effectivity of the EPR Law.side 1s How is plastic neutrality achieved? The following targets for the recovery of plastic product footprint generated during the immediately preceding year are hereby set: ee) December 31, 2023 ‘Twenty percent (20%) December 31, 2024 Forty percent (40%) December 31, 2025 Fifty percent (50%) December 31, 2026 Sixty percent (60%) December 31, 2027 Seventy percent (70%) December 31, 2028, and every Eighty percent (80%) year thereafter Example: If OE has a verified annual footprint of: Rigid = 50 tons and Flexibles = 100 tons, its required diversion accomplishments to offset its plastic footprint by 31 December 2023 is at least (20%) Rigid = 10 tons, Flexible = 20 Tonstise 25 Are there punishable acts? * In case of failure to meet the minimum required diversion targets under Section 44-F, the OE shall pay the same fines, ora fine twice the cost of recovery and diversion of the footprint or its shortfall, whichever is higher. + The penalty shall be imposed whether or not the noncompliance is the result of — > failure to register under Section 44-E, > falsification of documents. > misdeclaration of generated or recovered footprint, f ran responsibility of an enterprise under the EPR Law or > tamper its compliance with Section 44-F of the Act + Jurisdiction to hear, decide cases of violations or offenses, and impose appropriate fines under the new Section 49 (g) of RA 9003, as amended by the EPR Law belongs to the DENR Pollution Adjudication Board (PAB),Slide 18 Are there punishable acts? not less than Five million pesos (P5,000,000.00) but not exceeding Ten million pesos (P10,000,000.00) not less than Ten million pesos Se *Viei¥+- 4) (P10,000,000.00) but not exceeding Fifteen million pesos (P15,000,000.00) not less than Fifteen million pesos (P15,000,000.00) but not exceeding Twenty million pesos (P20,000,000.00) for the third offense and automatic suspension of business permit until the requirement of the Act, as amended by the EPR law, is complied withSlide 19 LINEAR ECONOMY CIRCULAR ECONOMY RESIDUAL WASTE