QuestionsQuestions (Republic Act No. 11898)
RA No. 11898 is titled the “Extended Producer Responsibility Act of 2022.” It amends Republic Act No. 9003, the “Ecological Solid Waste Management Act of 2000.”
It adds as a policy to institutionalize EPR as a practical approach to efficient waste management, focusing on waste reduction, recovery, and recycling, and development of environment-friendly products consistent with sustainable consumption and production and circular economy, including producers’ full responsibility throughout the product life cycle.
EPR is an environmental policy approach requiring producers to be environmentally responsible throughout the life cycle of a product, especially its post-consumer or end-of-life stage.
Obliged enterprises are large enterprises that generate plastic packaging waste, defined using assets relative to RA 9501’s medium enterprise threshold. Micro, small, and medium enterprises (MSMEs) are excluded from coverage but may voluntarily participate.
When the total value of assets of all enterprises carrying the same brand/label/ trademark exceeds the medium enterprise threshold under RA 9501.
Covered plastic packaging includes: (a) sachets, labels, laminates, and other flexible plastic packaging (single or multi-layer); (b) rigid plastic packaging (including coverings, caps/lids, and related items like cutlery, plates, drinking straws/sticks, tarps, signage, or labels); (c) plastic bags (including single-use bags provided or utilized at point of sale); and (d) polystyrene.
Within six (6) months from the effectivity of RA 11898, obliged enterprises must establish or phase-in EPR programs for plastic packaging to achieve efficient management of plastic packaging waste, reduced plastic packaging supply/use deemed low in reusability/recyclability/retrievability, and plastic neutrality through recovery and diversion schemes.
They must register EPR programs with the NSWMC through the Department, including: enterprise/PRO info; specific packaging materials and brands; implementation mode (individual/collective/through PRO); verifiable volume/weight of plastic brought into the market; target recovery/reuse/recycling volume/weight; other program elements (e.g., redesign); labeling facilitating recovery/disposal; implementation status; and compliance status.
Obliged enterprises or PROs must submit and register their EPR program within six (6) months upon the effectivity of RA 11898.
Targets are: Dec 31, 2023: 20%; Dec 31, 2024: 40%; Dec 31, 2025: 50%; Dec 31, 2026: 60%; Dec 31, 2027: 70%; Dec 31, 2028 and every year thereafter: 80%.
Obliged enterprises or PROs must implement an auditing system and engage an independent third-party auditor to certify the veracity of reported plastic product footprint generation, recovery, and EPR compliance using uniform standards set by the Department. The audited report is submitted to the Department, and certified footprint data (subject to confidential portions) must be made publicly available via the Department’s website.
Fines range from not less than ₱5M but not more than ₱10M for the first offense; ₱10M–₱15M for the second; and ₱15M–₱20M for the third, with automatic suspension of the business permit until compliance. If targets are missed, the enterprise pays the same fines or a fine twice the cost of recovery/diversion shortfall, whichever is higher.
Penalties apply whether noncompliance results from failure to register, falsification/misdeclaration of generated or recovered footprint, malicious schemes to evade responsibility, or tampering with compliance with Section 44-F.
DENR, in consultation with relevant agencies, obliged enterprises’ representatives, and stakeholders, must formulate the IRR within ninety (90) days from the effectivity of RA 11898.
The NEC provides technical expertise, information, training, and networking services; it is supervised by the NSWMC. It performs functions such as training facilitation, maintaining databases, establishing and managing an EPR registry, monitoring and evaluating compliance, maintaining a reliable public database, receiving reports/complaints, supporting pilot modeling, developing waste minimization audit procedures, and assessing other wastes for possible inclusion in the EPR scheme.
The Pollution Adjudication Board of the Department.
Congress must review within five (5) years from effectivity (or as needed) the accomplishments, impact, implementing agencies’ performance, and obliged enterprises’ compliance—possibly for remedial legislation for stricter targets, higher incentives, or phase-out of certain single-use plastic packaging. The NEC must, within one (1) year after effectivity, identify, review, and update the list of non-environmentally acceptable products/materials to be phased out.