The Philippines Passes Extended Producer Responsibility (EPR) Act of 2022

On 12 August 2022, the Environmental Management Bureau (EMB) of the Department of Environment and Natural Resources (DENR) of the Philippines issued a press release on the enactment of the Extended Producer Responsibility (EPR) Act of 2022, or Republic Act 11898 (Senate Bill No. 2425).

While waiting to be published in the official gazette, the act was ratified at the 18th Congress and lapsed into law on 23 July 2022, according to the authority's statement.

The act will take effect within 15 days of the official gazette publication date. 

3E Review 

The Republic Act 11898 requires large-scale companies to establish the extended producers responsibility (EPR) program for plastic waste reduction. It amends An Act to Control Toxic Substances and Hazardous and Nuclear Wastes (Republic Act 6969).

It amends several provisions of Republic Act 9003 by establishing the EPR rules that will be applied to businesses producing and importing plastic products in the Philippines. Once effective, companies will be required to adopt and implement a program that includes the effective recovery, treatment, reuse, recycling, and disposal methods for plastic products and wastes. By 31 December 2028, the target rate of plastic waste recovery and recycling must be 80%.

The key changes are the new Article 8 under Chapter III of Republic Act 9003.

Affected Entities

The obligations apply to large-scale enterprises, defined under Republic Act 9501: Magna Carta for Micro, Small, and Medium Enterprises. Large-scale producers (including brand owners), manufacturers, and importers must participate in the EPR program. Producers can authorize the Producer Responsibility Organization (PROs) to conduct required EPR activities on their behalf. The obligations are voluntary for micro, medium, and small enterprises.

Scope of Coverage

The following types of plastic packaging are covered:

• Rigid packaging (e.g., containers of food, beverages, detergent, other cleaning or household products, cosmetics, personal care, etc.)
• Flexible plastic packaging (e.g., sachets or labels), either single or multilayered
• Polymer plastic bags, including single-use plastic bags used for carrying or transporting goods
• Other plastic products used in business-to-business transactions and otherwise not intended for sale to the general public (e.g., polystyrene)
• Multilayered plastic packaging

Key Requirements

Implementation of EPR Program

Companies must establish the EPR program to ensure effective and proper reduction of plastic waste management. EPR shall include various types of information (e.g., target volumes) as specified in Republic Act 11898. Qualified entities can apply for a tax incentive program administered by a newly created National Solid Waste Management Commission (NSWMC) under the DENR.

EPR Program Registration

Companies must register and submit their EPR program for approval by NSWMC.

EPR Program Monitor and Audit

There must be an audit program in place to ensure compliance. Companies must use the uniform standards established by the DENR.

Compliance Period on Recovery and Recycling of Packaging Materials

By 31 December 2023, companies must meet the first target recovery rate of 10%, increasing by 10% each of the following years (i.e., 20% by 31 December 2024, 30% by 31 December 2025, etc.).

3E Analysis

Companies or entities involved in the production, importation, distribution, and sale of plastic products should review the scope of products and comply with the requirements. They should follow the implementation rules and regulations, which will be published within 90 days from the effective date of the act. There will be penalty fees imposed to those who fail to meet the requirements. 

The text of Republic Act 11898 has not yet been published in the Philippines’ gazette. For a copy of source document (PDF in English), please contact us at Support@3eco.com.