Last April 26, 2023, I joined the forum via zoom on Republic Act 11898, or Extended Producers Responsibility (EPR) law, organized by the Philippine Chamber of Commerce and Industry Environment and Climate Change Committee. Companies covered by this law are required to recover their plastic packaging waste.
Despite my busy schedule, I made time for this forum because I want to have a deeper understanding of this landmark law which is expected to address the plastic garbage problem in the country. In 2015, the Philippines was cited as the third largest contributor to ocean plastic, with approximately 0.75 million metric tons of plastic ending up in the seas and other waterways annually.
It will be recalled that RA 11898 lapsed into law last July 23, 2022 and took effect on August 12, 2022. The Implementing Rules and Regulations was subsequently released by the Department of Environment and Natural Resources on January 24, 2023, under DAO 2023-02.
The highlight of the forum was the criteria for companies to be covered by the law and the various modes of compliance. Those covered, referred to as Obliged Enterprises (OEs), are large enterprises who are generators of plastic packaging waste that have total assets exceeding Php100 million (excluding land) as defined in RA 9501, or the MSME Law. Enterprises shall also be considered as OEs when the total value of assets of all enterprises carrying the same brand, label or trademark exceeds P 100 million.
OE’s can be brand owners, manufacturers that are directly or indirectly (i.e, contract manufacturing) producing their products under their brand, and importers of consumer goods intended to be sold whether in original packaging or to be repackaged for distribution to the public. OE’s can do their EPR program on their own or collaborate with other OE’s. They can also tap Producer Responsibility Organization (PRO) to do their EPRs. PRO’s are organizations that have existing plastic recovery, reuse or recycling programs.
Plastic packaging products covered by the law are sachets, labels, laminates and other flexible plastic packaging products, whether single layer or multi-layered with plastics or other materials. Also included are rigid plastic packaging products like containers for beverages, food, personal care and cosmetic products like shampoo. Plastic bags and polystyrene are also on the list.
EPR programs include reducing plastic packaging waste and/or recovering them after their use. Strategies in waste reduction include shifting to reusable and /or recyclable packaging, incorporating recyclable content in the products and adopting refill programs.
For waste recoveries, OE’s can tap a PRO, buy waste credits from established waste diverters, or adopt a material recovery facility set-up or reclamations centers or establish long term procurement contracts with recycling or treatment facilities.
Judging from the presentations and discussion in the forum, the implementation of the EPR law is a very challenging task. The important thing however is that the first step in reducing plastic waste was taken.