OVERVIEW OF THE EXTENDED PRODUCER
RESPONSIBILITY (EPR) ACT OF 2022 (RA 11898)
AND ITS IMPLEMENTING RULES AND
REGULATIONS (DAO 2023-02)
Presented by:
Atty. IVY JOYCE L. DE PEDRO
Attorney III
EMB Central Office
Source: World Bank. 2022. The Role of Extended Producer Responsibility Scheme for Packaging towards
Circular Economies in APEC. Washington DC.
Plastic waste has more than doubled from 156 Mt
in 2000 to 353 Mt in 2019.
20%
Waste Electronics and Electrical
Textiles
50%
Packaging Waste
30%
Construction / Agriculture
Data from OECD, 2022.
WASTE GENERATION IN THE PHILIPPINES
61 thousand metric tons of
waste daily (12-24% of which 45 million thin-film bags daily
are plastic waste)*
163 million plastic sachet 33% disposed in landfills
packets daily and dumpsites
48 million shopping 35% leaked into the open
bags daily environment and oceans
Sources:
World Bank Group. 2021. Market Study for the Philippines: Plastics Circularity
Opportunities and Barriers. East Asia and Pacific Region Marine Plastics Series;) /
GAIA. Plastics Exposed How Waste Assessments and Brand Audits are Helping
Philippine Cities Fight Plastic Pollution
2019 WORLD BANK STUDY
70% of the material value
Equivalent to a value loss
of plastics is lost to
of USD 790-890 million
the Philippine economy
per year.
each year.
EXTENDED PRODUCER
RESPONSIBILITY ACT
OF 2022
The Extended Producer Responsibility Act of
2022 was adopted into law on 23 July 2022
and was deemed effective on 12 August 2022.
Product producers that generate plastic packaging wastes:
Large – scale enterprises such as brand owner and product manufacturer or
importer
Micro, Small, and Medium Enterprises (MSMEs) where the total value
of assets of all enterprises carrying the same brand, label or trademark exceeds
that of medium enterprises (₱100 Million) under Republic Act No. 9501
MSMEs not included herein are encouraged to practice EPR voluntarily or be a part of the network of obliged
enterprises or producer responsibility organizations practicing EPR.
01 Individually (Large Enterprises)
Collectively, but not as a Producer Responsibility
02 Organization (PRO)
03 Collectively to form, or authorize a Producer
Responsibility Organization (PRO) for the purpose of
establishing a viable platform to implement their EPR program
Slide 25
Keep in Mind
EPR Act of 2022 covers plastic packaging waste, regardless of content.
If plastic packaging waste was used to contain non-hazardous or non-toxic
material, then its recovery and diversion or proper disposal, as required by EPR,
follows RA 9003 rules
If plastic packaging waste was used to contain hazardous or toxic material,
then its recovery, transport, treatment, storage, and diversion or disposal, as
required by EPR, follows RA 6969 rules
ESTABLISHMENT OF EPR PROGRAMS
Obliged enterprises shall establish or phase-in EPR programs for plastic
packaging to achieve efficient management of plastic packaging waste,
reduced production, importation, supply or use of plastic packaging
deemed low in reusability, recyclability or retrievability, and plastic
neutrality through efficient recovery and diversion schemes, such as:
Recovery programs aimed at
Reduction of non-environment
effectively preventing waste from
friendly packaging products
leaking to the environment
MODES OF EPR PROGRAM
Reduction of non-environment friendly packaging products
Reusable Packaging products or packaging design
Appropriate labelling of products Inclusion of recycled content or
and packaging materials recycled materials in packaging
materials
Information and Education Adoption of appropriate product
Campaign Schemes refilling systems for retailers
Viable reduction rates plan
MODES OF EPR PROGRAM
Recovery programs aimed at effectively preventing waste from leaking to the environment
Waste recovery schemes
through redemption, buy-back and offsetting
Partnerships Diversion
with local governments, communities of recovered waste
and informal waste sectors
Investment Transportation
in commercial or industrial waste of recovered waste to proper diversion
diversion or disposal facilities or disposal sites
Waste clean-up
in coastal and public areas
Slide 10
Enterprises obliged to implement EPR
THE OBLIGED ENTERPRISE ü (Illustrations)
LARGE/SMALL LARGE BRAND LARGE/SMALL
PRODUCT RETAIL CONSUME
(PACKAGING)PRODU OWNER ü ESTABLISHMENT R
CER OR IMPORTER
LARGE PRODUCT
SMALL
(PACKAGING) PRODUCER BRAND
LARGE/SMALL
RETAIL CONSUME
OR IMPORTER ü OWNER
ESTABLISHMENT R
LARGE RETAIL
LARGE PRODUCT
(PACKAGING) PRODUCER ESTABLISHMENT
OR LARGE BRAND OWNER CONSUME
(UNDER HIS BRAND) R
LARGE PRODUCT (PACKAGING) PRODUCER CONSUME
OR IMPORTER R
THE OBLIGED ENTERPRISE ü (Illustrations)
Slide 26
Registration Process
Slide 27
EPR Registration Checklist
REGISTRATION CHECKLIST (PART V, SECTION 16.2 )
a) Letter of Intent
b) Supporting Documents:
1) Proof of Authority to represent the OE, Collective, or PRO.
2) Legal, Tax, and Local Business Personality of the OE, the Lead Company of a
Collective, or the PRO
3) Additional Documents for Collectives and PROs
Organizational structure and leadership
Membership requirements
Roster of Member Obliged Enterprises
Roster of MSMEs voluntarily participating in the EPR Program
4) Sworn Statement as to veracity of submitted documents and the
undertaking
to report changes in contact details or identity of the duly designated officer,
mode of EPR compliance, roster of members, and other relevant information
5) EPR Program
EPR REGISTRATION PROCESS
Source: DENR Administrative Order No. 2023 -02, Implementing Rules and Regulations of Republic Act 11898
Slide 17
Components of the EPR Program
Section 16.3, EPR IRR:
1) Specific type of plastic packaging materials and product brands (Disclosure of volume
not required); SAMPLE Matrices for Section 16.3.1
Shampoo & Conditioner
Brands Flexible Plastic Packaging Rigid Plastic Packaging
Brand 1 Sachets Bottles, caps, dispenser pumps, tarpaulins, signages, and labels
Brand 2
Biscuits, Cookies, Confectionaries:
Brands Flexible Plastic Packaging Rigid Plastic Packaging Other Packaging materials used
for the products *
Brand 1 Sachets, laminates, and Boxes, cups, covers, clamshells, Paper
Brand 2 other flexible plastic blisters, line trays, promotional Carton
Brand 3 packaging materials: display trays, tarpaulins, Aluminum cans
Brand 4 signages, and labels
Slide 18
Components of the EPR Program
Section 16.3, EPR IRR:
2) Verifiable volume or weight of the plastic packaging brought into the
market within a specified period; (plastic footprint)
3) Target volume or weight of plastic packaging waste for recovery, reuse,
and recycling; (Waste Diversion Target)
4) Other EPR programs, such as the redesign of plastic packaging to improve
reuse or recyclability; (adds to Waste Diversion Accomplishment)
Slide 21
Components of the EPR Program
• Additional Provisions and Components of EPR Programs (Part V, Section 16.3)
.
Offsetting is “Flexible to Flexible”, “Rigid to Rigid”, REGARDLESS OF BRAND.
“Flexibles"
includes those plastic packaging materials defined under subparagraphs (a), (c), and
(d) while "Rigids" are defined by subparagraphs (b) and (d) of Section 44-C of the Act,
As amended by the EPR Act of 2022
Post-recovery diversion method is a required disclosure
Components of the EPR Program
Diverters that will issue the Sworn Plastic Waste Diversion Certificates
are required disclosures in the EPR Program
Other EPR Programs (activities and strategies under Sections 11 and 12,
Part V) may be included in the EPR Program for registration or
subsequently through a supplement or amendment thereto under Section
16.4, Part V.
Slide 23
Components of the EPR Program
• Additional Provisions and Components of the EPR Program (Part V, Section 16.3)
Status of Implementation:
o Requires disclosure of environmental, social inclusivity, gender equality, anti-
exploitation, and other relevant safeguards
o Requires Geographic Implementation Program or Roll-out Plan: To achieve the
objective on the prevention of marine litter and to ensure that the benefits of the
various EPR Programs go beyond the boundaries of urban centers and cities
nationwide
GEOGRAPHICAL IMPLEMENTATION PROGRAM
COMPLIANCE YEAR GENERAL AREAS
2023 Metro Manila, Metro Cebu, and Metro Davao
Other Metropolitan Areas: (Metro Angeles, Metro Bacolod, Metro Baguio, Metro Batangas,
2024 Metro Cagayan de Oro, Metro Dagupan, Metro Iloilo–Guimaras, Metro Naga, and Metro
Olongapo)
2025 Other Highly Urbanized, Independent Component Cities, and 1st Class Component Cities
2026 2nd to 6th Class Component Cities
2027 1st to 3rd Class Municipalities
2028 4th to 6th Class Municipalities
STATUS OF IMPLEMENTATION
Submission of EPR Programs
November 15
60% TARGETS AND
31 December 2026
COMPLIANCE PERIOD
80% 50%
31 December 2025
31 December 2028
70% 40%
31 December 2027 31 December 2024
20%
31 December 2023
With the objective of establishing and phasing-in
recovery programs that will achieve plastic neutrality,
the EPR Act of 2022 set the following targets for the
recovery of plastic product footprint generated
during the immediately preceding year.
FISCAL INCENTIVES
The following incentives may be availed by OEs, PROs, and NGOs that undertake
effective solid waste management:
Tax Tax and duty exemption of
Incentives Deductions donations, legacies and gifts
COLLABORATION WITH OTHER
NATIONAL GOVERNMENT AGENCIES
Information hub for cleaner technologies on solid
waste management
Policies on fiscal incentives
Development and mandatory
adoption of eco – labels
Standards and rules / Standards / safeguards for social
safeguard systems on fair inclusion (e.g. informal waste sector)
wage policies
Collaboration with LGUs, communities and
informal waste sector
failure to register
falsification of documents
PUNISHABLE ACTS
misdeclaration of generated or recovered
The penalty shall be imposed whether footprint
or not the noncompliance is the result
of:
employment of any scheme to maliciously
evade the responsibility of an enterprise under
the EPR Law
tamper its compliance with Section 44-F of the
Act.
PENALTIES
Any Obliged Enterprise that fails to register under the EPR Act of 2022
shall be fined as follows:
not less than Five million Pesos (₱5,000,000.00) but not exceeding Ten
First Offense
million Pesos (₱10,000,000.00)
not less than Ten million Pesos (₱10,000,000.00) but not exceeding Fifteen
Second Offense
million Pesos (₱15,000,000.00)
not less than Fifteen million Pesos (₱15,000,000.00) but not exceeding
Twenty million Pesos (₱20,000,000.00) for the third offense and automatic
Third Offense
suspension of business permit until the requirement of the EPR Act of 2022, is
complied with
INCLUSION OF INFORMAL WASTE SECTOR
INVEST IN IMPROVEMENT ON
PUBLIC AND PRIVATE
RESILIENCE THE INFORMAL
PARTNERSHIP
WASTE SECTOR
SOCIAL PROTECTION AND SOCIAL INCLUSION
Ensure safe livelihoods Roll out social Capacitate LGUs and
of waste workers by entrepreneurship and other sectors to
incorporating them into financial literacy implement a robust
the evolving formal programs for alternative system on data
solid waste livelihoods in recording, tracking,
management industry partnership with LGUs and reporting
for a fair wage and and other stakeholders
occupational safety
EPR ACT OF 2022 CAMPAIGN
A nationwide campaign that aims for
full compliance and effective
implementation of the EPR Act
through the attainment of
time-bound waste recovery targets
The Environmental Management Bureau
(EMB) is supporting enterprises in
registering their EPR programs, assisting
in the registration process and answering
queries.
The EMB EPR Team may be reached
through:
EPR Hotline:
8539-4378 loc 186 and
135
E-mail Address:
[email protected]
THANK YOU
