Extended Producer Responsibility Act

Circular economy: economic model focusing on reuse, repair, recycling to maximize resource utility.
Extended Producer Responsibility (EPR): environmental accountability of producers through product life cycles.
High recyclability and high retrievability: conditions enhancing material recovery and processing.
Obliged enterprises: product producers required to implement EPR.
Plastic and plastic packaging: synthetic polymers used for product packaging including flexible and rigid types.
Plastic neutrality: recovery or removal of an equivalent amount of plastic waste produced.
Product footprint: measure of goods produced and environmental impact caused.
Sustainable consumption and production: minimizing resource use and pollutants while improving quality of life.

Commission established under the Office of the President with government and private sector members.
Government members include heads of DENR, DILG, DOST, DOH, DTI, DA, MMDA, and Union of Local Authorities.
Private sector representatives include NGOs, recycling industries, and manufacturing or packaging sectors.
Private sector members appointed by the President for a three-year term.

Created under the Commission to provide technical expertise, information, training, and networking.
Functions include training facilitation, managing solid waste databases, promoting recycling markets.
Maintains an EPR Registry of programs by obliged enterprises or Producer Responsibility Organizations (PROs).
Monitors compliance and provides expert assistance and pilot modeling.
Assesses national waste volumes for potential inclusion in EPR within one year.

Department to formulate EPR framework for all product wastes within three months.
Framework includes waste reduction strategies, product redesign, refilling systems, education campaigns.
Includes product waste recovery programs such as buy-back schemes, value chain diversion, clean-up activities.
Emphasizes partnerships with LGUs, communities, and informal sectors.

Obliged enterprises are large enterprises generating plastic packaging waste; micro, small, and medium enterprises (MSMEs) excluded unless cumulative asset size exceeds limits.
Encourages voluntary participation of MSMEs.
Plastic packaging defined broadly to include sachets, flexible and rigid packaging, plastic bags, and polystyrene.

Obliged enterprises must establish or phase-in EPR programs within six months.
Goal is efficient plastic packaging waste management, reduction of low-reusable/recyclable packaging, and achievement of plastic neutrality.
Programs may be individual, collective, or through PROs.
Registration of EPR programs required with detailed information on packaging types, volumes, recovery targets, labeling, and compliance status.
Annual compliance reporting and monitoring by DENR and NSWMC.

Progressive recovery targets set starting from 20% recovery by end 2023 to 80% by end 2028 annually.
Obliged enterprises need to report compliance and documentation.

Obliged enterprises/PROs must engage independent auditors to certify compliance.
Audited reports to be publicly accessible except for confidential business information.

Voluntary formation or authorization of PROs by obliged enterprises.
PROs governed by standards on organization, membership, financing, cooperation with stakeholders, plastic neutrality, reporting, and data maintenance.

Rewards and recognitions for outstanding projects in reuse, recycling, and reduction.
Fiscal incentives including tax benefits for eligible activities under existing tax laws.
Deductibility of EPR expenses from gross income.
Tax and duty exemption for donations related to solid waste management.

Fine structure escalating from 5 million to 20 million pesos for failure to register or comply with plastics EPR provisions.
Penalties also apply for failure to meet recovery targets, falsification of documents, or evasion schemes.
Suspension of business permits in case of repeated offenses.
Pollution Adjudication Board authorized to hear cases and impose fines.

Congress to review the law’s implementation within five years to consider stricter targets or phase-outs.
NEC to update list of non-environmentally acceptable products within one year.

DENR appropriations fund implementation.
Obliged enterprises and PROs responsible for financing their specific EPR programs.

DENR tasked to issue implementing rules within 90 days.
Creation of Joint Congressional Oversight Committee with senators and representatives overseeing implementation.

Separability clause preserving valid portions if parts declared unconstitutional.
Repealing clause modifying inconsistent existing laws and issuances.
Act takes effect 15 days after publication.