The Philippines introduces extended producer responsibility (EPR) for plastic packaging

The Philippines passed in July 2022 the Extended Producer Responsibility Act of 2022 (RA 11898), which obliges large enterprises generating plastic packaging waste to run collection and recovery programmes. The Act amends the Ecological Solid Waste Management Act (RA 9003) of 2000. According to the full text published on the Lawphil portal, the Act lapsed into law without the President's signature on 23 July 2022, and takes effect 15 days after full publication in the Official Gazette or in a newspaper of national circulation.

Who is covered

The obligation covers large enterprises generating plastic packaging waste. Micro, small and medium-sized enterprises within the meaning of RA 9501 are excluded, but if the total value of the assets of all enterprises operating under the same brand, label or trademark exceeds the threshold for medium-sized enterprises, all of them become obliged entities. Smaller firms are encouraged to apply EPR voluntarily. The Act covers plastic packaging: sachets, labels and laminates, rigid packaging (including containers for beverages, food and cosmetics together with their closures), plastic bags and polystyrene. Obliged entities may act individually or collectively, with or without a producer responsibility organisation (PRO).

Obligations and deadlines

Within six months of the Act entering into force, obliged entities or PROs are to establish EPR programmes for plastic packaging and register them with the National Solid Waste Management Commission (NSWMC) through the environment ministry. The registration must include, among other things, the types of packaging and brands, the volume or mass of packaging placed on the market, and the target level of recovery, reuse and recycling. Entities must also ensure an independent compliance audit and submit reports with documentation.

Recovery targets

The Act requires obliged entities to recover or offset their plastic packaging "footprint" (the principle of plastic neutrality) at the following minimum percentages of the previous year's footprint: 20% by 31 December 2023, 40% by the end of 2024, 50% by the end of 2025, 60% by the end of 2026, 70% by the end of 2027 and 80% from 31 December 2028 and in every subsequent year.

Sanctions

For failure to register a programme or to meet the recovery targets, the Act provides for fines of 5 to 10 million pesos for a first violation, 10 to 15 million for a second, and 15 to 20 million together with automatic suspension of the business permit for a third. For failing to meet the recovery targets, the entity pays the same fines or twice the cost of recovering the missing quantity, whichever amount is higher.

Link to organic waste

The Act concerns plastics, not organic waste. Improved segregation and collection of packaging may, however, indirectly reduce plastic contamination of the biowaste stream, which is important for the quality of compost and digestate. The text of the Act contains no link between EPR and biogas programmes.

What this means for Poland and Europe

The Philippine solution, with clearly defined recovery levels in successive years, an external audit and severe penalties, can serve as a reference point for European EPR systems for packaging. The effectiveness of such a system depends, however, on enforcement and data transparency.