DENR Administrative Order No. 2023-02 — Implementing Rules and Regulations of the Extended Producer Responsibility Act (RA 11898)

Republic of the Philippines
Department of Environment and Natural Resources
Visayas Avenue, Di Ii man, Quezon City
Tel Nos. 929-6626 to 29; 929-6633 to 35
Website: http://www.denr.gov.ph / E-mail: web@denrgov.ph
OUPPIA Tel. No. 928-1186 and 928-1195 email address: oueiea.denr@gmail.com
Voice-Over-Internet-Protocol (VOiP) Trunkline (632)7553330 local 1068
DENR ADMINISTRATIVE ORDER
NO. 2023 - 02 ---
JAN 2 4 2023
SUBJECT: IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC
ACT NO. 11898
Pursuant to Section 11 of Republic Act No. 11898, otherwise known as "An Act
Institutionalizing The Extended Producer Responsibility On Plastic Packaging Waste",
amending for this purpose Republic Act No. 9003, otherwise known as the "Ecological
Solid Waste Management Act of 2000", also known by its short titles as the "Extended
Producer Responsibility Act of 2022" or as "EPR Act of 2022", and by virtue of Executive
Order No. 192, Series of 1987, the Department of Environment and Natural Resources
hereby adopts and promulgates the following rules and regulations.
PART I: GENERAL PROVISIONS
SECTION 1. Title. These Rules shall be known and cited as the Implementing
Rules and Regulations of the EPR Act of 2022 (hereto attached as "Annex A"), or
hereinafter referred to as "EPR IRR", for brevity
SECTION 2. Purpose. These Rules are promulgated to revise, where applicable,
DENR Administrative Order No. 2001-34, Series of 2001, otherwise known as the
"Implementing Rules and Regulations of Republic Act No. 9003" or "RA 9003 IRR" and
to incorporate and prescribe therein the procedures and guidelines for the implementation
of the EPR Act of 2022 in order to facilitate compliance therewith and achieve the
objectives thereof.
SECTION 3. Scope. The EPR IRR shall lay down the powers and functions of
the Department of Environment and Natural Resources, the Department of Trade and
Industry, all other concerned agencies and local government units, the rights and
obligations of stakeholders and the rights and duties of the people with respect to the
implementation of the EPR Act of 2022.
SECTION 4. Construction. The EPR IRR shall be liberally construed to carry out
the national policy of adopting a systematic, comprehensive, and ecological solid waste
management program, institutionalizing the extended producer responsibility mechanism
as a practical approach to efficient waste management, in accordance with internationally
accepted principles on sustainable consumption and production, circular economy, and
producers' full responsibility throughout the life cycle of their product.
PART II. DECLARATION OF STATE POLICY
SECTION 5. Basic Policy. It is hereby declared the policy of the State to adopt
a systematic, comprehensive, and ecological solid waste management program which
shall:
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5.1. Ensure the protection of public health and environment;
5.2. Utilize environmentally-sound methods that maximize the utilization of
valuable resources and encourage resources conservation and recovery;
5.3. Set guidelines and targets for solid waste avoidance and volume reduction
through source reduction and waste minimization measures, including composting,
recycling, re-use, recovery, green charcoal process, and others, before collection,
treatment, and disposal in appropriate and environmentally-sound solid waste
management facilities in accordance with ecologically sustainable development
principles;
5.4. Ensure the proper segregation, collection, transport, storage, treatment, and
disposal of solid waste through the formulation and adoption of the best environmental
practices in solid waste management excluding incineration;
5.5. Promote national research and development programs for improved solid
waste management and resource conservation techniques, more effective institutional
arrangement and indigenous and improved methods of waste reduction, collection,
separation, and recovery;
5.6. Encourage greater private sector participation in solid waste management;
5.7. Retain primary enforcement and responsibility of solid waste management
with local government units while establishing a cooperative effort among the national
government, other local government units, non-government organizations, and the
private sector;
5.8. Encourage cooperation and self-regulation among waste generators through
the application of market-based instruments;
5.9. Integrate public participation in the development and implementation of
national and local comprehensive, and ecological solid waste management programs;
5.10. Strengthen the integration of ecological solid waste management and
resource conservation and recovery topics into the academic curricula of formal and non­
formal education in order to promote environmental awareness and action among the
citizenry; and
5.11. Institutionalize the extended producer responsibility mechanism as a
practical approach to efficient waste management, focusing on waste reduction, recovery
and recycling, and the development of environment-friendly products that advocate the
internationally accepted principles on sustainable consumption and production, circular
economy, and producers' full responsibility throughout the life cycle of their product.
PART Ill. DEFINITION OF TERMS
SECTION 6. Definition of Terms. For the purpose of this EPR IRR, the following
words, phrases, abbreviations, or acronyms shall have the following meanings:
6.1. "Acf' shall refer to Republic Act No. 9003, otherwise known as the "Philippine
Ecological Solid Waste Management Act of 2000".
6.2. "Bureau" or "EMB" shall refer to the Environmental Management Bureau.
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6.3. "Buy-back center'' shall refer to a recycling center that purchases or otherwise
accepts recyclable materials from the public for the purpose of recycling such
materials.
6.4. "Circular economy'' shall refer to an economic model of creating value by
extending product lifespan through improved design and servicing and
relocating ways from the end of the supply chain to the beginning. This
intends to efficiently utilize resources by its continual use and aims to retain
the highest utility and value of products, components, and materials at all
times, through sharing, leasing, reuse, repair, refurbishment, and recycling in
an almost closed loop.
6.5. "Collection" shall refer to the act of removing solid waste from the source or
from a common storage point.
6.6. "Collective" shall refer to a group of Obliged Enterprises that organized
themselves, not as a producer responsibility organization (PRO), to
implement a common platform for the implementation of their Extended
Producer Responsibility (EPR) program.
6.7. "Commission" shall refer to the National Solid Waste Management
Commission (NSWMC) created under Section 4 of RA 9003, as amended by
Section 4 of the EPR Act of 2022.
6.8. "Confidential Information" shall refer to a record, report, or information, or
particular portion thereof determined by the Bureau to be confidential
pursuant to Section 44-G of the Act, as amended by the EPR Act of 2022, as
when the public disclosure thereof would divulge trade secrets, production or
sales figures, or methods and processes unique to the enterprise that would
otherwise tend to adversely affect its competitive position.
6.9. "Composting" shall refer to the systematic decomposition of organic matter
by micro-organisms, mainly bacteria and fungi, into a humus-like product.
6.10. "Department" shall refer to the Department of Environment and Natural
Resources.
6.11. "Disposal" shall refer to the discharge, deposit, dumping, spilling, leaking, or
placing of any solid waste into or in any land.
6.12. "Disposal site" shall refer to a site where solid waste is finally discharged and
deposited.
6.13. "EGAR" shall refer to the EPR Compliance Audit Report required under
Section 44-G of the Act, as amended by the EPR Act of 2022.
6.14. "Ecological Solid Waste Management" or "ESWM" shall refer to the
systematic administration of activities which provide for segregation at
source, segregated transportation, storage, transfer, processing, treatment,
and disposal of solid waste and all other waste management activities which
do not harm the environment.
6.15. "Environmentally acceptable" shall refer to the quality of being re-usable,
biodegradable, or compostable, recyclable and not toxic or hazardous to the
environment.
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6.16. "Environmentally preferable" shall refer to products or services that have a
lesser or reduced effect on human health and the environment when
compared with competing products or services that serve the same purpose.
This comparison may consider raw materials acquisition, production,
manufacturing, packaging, distribution, reuse, operation, maintenance or
disposal of the product or service.
6.17. "Extended Producer Responsibility (EPR)" shall refer to the environmental
policy approach and practice that requires producers to be environmentally
responsible throughout the life cycle of a product, especially its post­
consumer or end-of-life stage.
6.18. "Generation" shall refer to the act or process of producing solid waste.
6.19. "Generator'' shall refer to a person, natural or juridical, who last uses a
material and makes it available for disposal or recycling.
6.20. "GHG" shall refer to Greenhouse Gas.
6.21. "Hazardous waste" shall refer to solid waste or combination of solid waste
which because of its quantity, concentration, or physical, chemical, or
infectious characteristics may: cause, or significantly contribute to an
increase in mortality or an increase in serious irreversible, or incapacitating
reversible, illness; or pose a substantial present or potential hazard to human
health or the environment when improperly treated, stored, transported, or
disposed of, or otherwise managed.
6.22.
"High recyclability'' shall refer to a condition wherein the value for recovery
and reprocessing of a product is high, due to its design, composition,
content, and density, among other things.
6.23. "High retrievability' shall refer to a condition wherein after use of a product,
a significant volume of its waste can be recovered, properly recycled,
processed, or disposed of, on account of its high value for recovery,
recycling, or reprocessing.
6.24.
"Importer'' shall refer to a natural or juridical person engaged in bringing
consumer goods into the Philippines, intended to be sold, whether in original
packaging or to be repackaged for distribution, to the general public.
6.25. "Informal Waste Sector'' or "IWS" shall refer to individuals, families, groups,
associations, or enterprises engaged in the recovery of waste materials for
livelihood and income either on a full-time or part-time basis. They work
with/without any formal recognition by any government accreditation,
licensing or regulating agency. They have no social and economic security
and work under substandard and unhealthy work conditions and have limited
access to basic services. They are classified as: itinerant waste
collectors/buyers, jumpers at collection trucks, garbage crew ("paleros"),
waste reclaimers and unlicensed junk shops.
6.26. "ISO" shall refer to International Organization for Standardization.
6.27. "Large enterprises" shall refer to any business entity whose total assets,
inclusive of those arising from loans but exclusive of the land on which the
particular business entity's office, plant and equipment are situated, are
exceeding that of medium enterprises stated under Republic Act No. 9501,
otherwise known as the "Magna Carta for Micro, Small, and Medium
Enterprises".
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6.28. "Life Cycle Assessment" or "LCA" shall refer to the compilation and
evaluation of the inputs, outputs, and the potential environmental impacts of
a product system throughout its life cycle.
6.29. "Mass Balance", or "Material Balance", refers to an application of the
principle of conservation of mass to the analysis of physical systems. It may
be exhaustive (all the materials of the system are taken into account) or
partial (only materials of interest are taken into account).
6.30. "Materials Recovery Facility" or "MRF" shall include solid waste transfer
station or sorting station, drop-off center, a composting facility, and a
recycling facility.
6.31. "MSME'' shall refer to Micro, Small, Medium Scale Enterprises as defined
and covered by Republic Act No. 9501, otherwise known as "An Act to
Promote Entrepreneurship by Strengthening Development and Assistance
Programs to Micro, Small and Medium scale Enterprises, Amending for the
purpose Republic Act No. 6977, as amended, otherwise known as the
'Magna Carta for Small Enterprises'.
6.32. "Municipal wastes" shall refer to wastes produced from activities within local
government units which include a combination of domestic, commercial,
institutional, and industrial wastes and street litter.
6.33. "National Ecology Center'' or "NEC" shall refer to the Center established in
accordance with Section 5 of the EPR Act of 2022 under the oversight
functions of the Commission.
6.34. "Non-environmentally acceptable products or packaging" or "NEAP" shall
refer to products or packaging that are unsafe in production, use, post­
consumer use, or that produce or release harmful by-products when
discarded.
6.35. "Obliged enterprises" shall refer to:
(a) Large Enterprises, as defined in the foregoing paragraph 6.27 of this
EPR IRR, that generates plastic packaging waste and are required to
implement an EPR program under Section 44-B of the Act, as amended
by the EPR Act of 2022.
(b) 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 under Republic Act No. 9501.
6.36. "Open dump" shall refer to a disposal area wherein the solid wastes are
indiscriminately thrown or disposed of without due planning and
consideration for environmental and health standards.
6.37. "OPMS" shall refer to the Online Permitting and Monitoring System of the
Bureau.
6.38. "Opportunity to recycle" shall refer to the act of providing a place for
collecting source-separated recyclable material, located either at a disposal
site or at another location more convenient to the population being served,
and collection at least once a month of source-separated recyclable material
from collection service customers and to providing a public education and
promotion program that gives notice to each person of the opportunity to
recycle and encourage source separation of recyclable material.
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6.39. "Person(s)" shall refer to any being, natural or juridical, susceptible to rights
and obligations, or of being the subject of legal relations.
6.40. "Plastic" shall refer to a synthetic material made from a wide range of organic
polymers such as polyethylene terephthalate, high density polyethylene, low
density polyethylene, polypropylene, polystyrene, PVC, and nylon that can
be processed to form solid objects of various shapes.
6.41. "Plastic neutrality' shall refer to a system or its desired outcome where, for
every amount of plastic product footprint created, an equivalent amount
thereof is recovered or removed from the environment by the product
producers through an efficient waste management system.
6.42. "Plastic packaging" shall refer to the polymer material designed to protect a
product from environmental factors, or carry goods for transportation,
distribution, and sale, including service necessities and more particularly
described under Section 44-C of the Act, as amended by the EPR Act of
2022.
6.43. "Plastic Waste Diversion Targets" shall refer to the volume or weight of
plastic packaging waste that an Obliged Enterprise, Collective, or PRO
commits to recover for reuse, recycling, treatment, or proper disposal in their
EPR Program, the minimum of which is prescribed in Section 44-F of the
Act, as amended by the EPR Act of 2022.
6.44. "Plastic Waste Diversion Accomplishmenf' shall refer to the volume or
weight of plastic packaging waste that an Obliged Enterprise, Collective, or
PRO actually recovers for reuse, recycling, offsetting, or proper disposal in
accordance with its registered EPR Program, and as verified, validated, and
certified by an independent third-party auditor through the EGAR submitted
to the Bureau in accordance with Section 44-G of the Act, as amended by
the EPR Act of 2022.
6.45. "Plastic Waste Footprint Reduction" shall refer to the consequent reduction
in plastic packaging footprint and in plastic waste footprint diversion targets
due to the adoption and implementation of waste avoidance and prevention
activities and strategies, such as retail refilling stations or product or
packaging redesign, under Section 44-A of the Act, as amended by the EPR
Act of 2022 and Part V of the EPR IRR.
6.46. "PNS" or Philippine National Standards shall refer to the product and
performance or use-oriented standards developed by the Bureau of
Philippine Standards of the Department of Trade and Industry (DTI-BPS)
that serve to assure consumers that the products had passed its standards
for certification pursuant to RA4109 and reiterated by RA7394.
6.47. "Post-consumer material" shall refer only to those materials or products
generated by a business or consumer which have served their intended end
use, and which have been separated or diverted from solid waste for the
purpose of being collected, processed, and used as a raw material in the
manufacturing of recycled product, excluding materials and by-products
generated from, and commonly used within an original manufacturing
process, such as mill scrap.
6.48. "Private Sector'' shall refer to a natural or juridical entity other than public
sector which, for purposes of the Act and these Rules, include but are not
limited to non-government organizations, the academe and civil society.
6.49. "Producer Responsibility Organization" or "PRO" shall refer to the
organization, voluntarily formed or authorized by obliged enterprises under
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Section 44-H of the Act, as amended by the EPR Act of 2022, that shall serve
as the viable platform to implement their EPR Program.
6.50. "Product footprinf' shall refer to a measure of the amount of goods produced,
imported, distributed, or supplied by a product producer, and deemed to
cause damage to the environment.
6.51. "Product producer'' shall refer to any of the following persons:
(a) brand owner who sells or supplies any commodity under a brand, label
or identity using a product it produced, or a material supplied to it by
another manufacturer, or supplier; and
(b) product manufacturer or importer that supplies its commodities for the
use of the general consumer or distributes the same as a material
product of a brand owner: Provided, That for purposes of Article 2 of
Chapter III-A of the Act, as amended by the EPR Act of 2022, in case
the commodities are manufactured, assembled, or processed by a
product manufacturer for another Obliged Enterprise which affixes its
own brand name, the latter shall be deemed as the manufacturer.
6.52. "Product waste" shall refer to disposed post-consumer material including
product rejects and recalls.
6.53. "Receptacles" shall refer to individual containers used for the source
separation and the collection of recyclable materials.
6.54. "Recovered material" shall refer to material and by-products that have been
recovered and diverted from solid waste for the purpose of being processed
and used as a raw material in the manufacture of a recycled product or
effectively processed or treated to ensure these are prevented from leaking
into the environment. For purposes of the required compliances under the
EPR • Act of 2022, "recovered material" shall also refer to the plastic
packaging waste that an obliged enterprise, collective, or PRO recovers for
reuse, recycle, offset, or proper disposal in accordance with its registered
EPR Program.
6.55. "Recyclable material" shall refer to any waste material retrieved from the
waste stream that can still be converted into suitable beneficial use or for
other purposes, including, but not limited to, newspaper, ferrous scrap metal,
non-ferrous scrap metal, used oil, corrugated cardboard, aluminum, glass,
office paper, tin cans, plastics and other materials as may be determined by
the Commission.
6.56. "Recycled material" shall refer to post-consumer material that has been
recycled and returned to the economy.
6.57. "Recycling" shall refer to the treating of used or waste materials through a
process of making them suitable for beneficial use and for other purposes
and includes any process by which solid waste materials are transformed
into new products in such a manner that the original products may lose their
identity, and which may be used as raw materials for the production of other
goods or services: Provided, that the collection, segregation and re-use of
previously used packaging material shall be deemed recycling under the Act.
6.58. "Resource conservation" shall refer to the reduction of the amount of solid
waste that is generated or the reduction of overall resource consumption,
and utilization of recovered resources.
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6.59. "Resource recovery" shall refer to the collection, extraction, or recovery of
recyclable materials from the waste stream for the purpose of recycling,
generating energy or producing a product suitable for beneficial use:
Provided, such resource recovery facilities exclude incineration.
6.60. "Re-use" shall refer to the process of recovering materials intended for the
same or different purpose without the alteration of physical and chemical
characteristics.
6.61. "Reverse logistics" shall refer to the process of moving goods from their
typical final destination for the purpose of capturing value, or proper disposal.
Remanufacturing and refurbishing activities also may be included in the
definition of reverse logistics.
6.62. "Sanitary landfill" or "SLP' shall refer to a waste disposal site designed,
constructed, operated, and maintained in a manner that exerts engineering
control over significant potential environmental impacts arising from the
development and operation of the facility.
6.63. "Secretary" shall refer to the Secretary of the Department of Environment
and Natural Resources.
6.64. "Segregation" shall refer to sorting and segregation of different materials
found in solid waste in order to promote recycling and re-use of resources
and to reduce the volume of waste for collection and disposal.
6.65. "Segregation at source" shall refer to a solid waste management practice of
separating, at the point of origin, different materials found in solid waste in
order to promote recycling and re-use of resources and to reduce the volume
of waste for collection and disposal.
6.66. "Solid waste" or "Municipal Solid Waste" or "MSW' shall refer to all discarded
household, commercial waste, non-hazardous institutional, ports/harbors
and industrial waste, street sweepings, construction debris, agriculture
waste, and other non-hazardous/non-toxic solid waste. Unless specifically
noted otherwise, the term "solid waste" as used in the Act shall not include:
(a) waste identified or listed as hazardous waste of a solid, liquid, contained
gaseous or semisolid form which may cause or contribute to an increase
in mortality or in serious situations, incapacitate or cause irreversible
bodily damage or acute/chronic effect on the health of persons and other
organisms;
(b) infectious waste from hospitals such as equipment, instruments,
utensils, and fomites of a disposable nature from patients who are
suspected to have or have been diagnosed as having communicable
diseases and must therefore be isolated as required by public health
agencies, laboratory wastes such as pathological specimens (i.e., all
tissues, specimens of blood elements, excreta, and secretions obtained
from patients or laboratory animals), and disposable fomites that may
harbor or transmit pathogenic organisms, and surgical operating room
pathologic specimens and disposable fomites attendant thereto, and
similar disposable materials from outpatient areas and emergency
rooms; and
(c) waste resulting from mining activities, including contaminated soil and
debris.
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6.64. "Solid waste management" shall refer to the discipline associated with the
control of generation, storage, collection, transfer and transport, processing,
and disposal of solid wastes in a manner that is in accord with the best
principles of public health, economics, engineering, conservation,
aesthetics, and other environmental considerations, and that is also
responsive to public attitudes.
6.65. "Solid waste management facility" shall refer to any resource recovery
system or component thereof; any system, program, or facility for resource
conservation; any facility for the collection, source separation, storage,
transportation, transfer, processing, treatment, or disposal of solid waste.
6.66. "Source reduction" shall refer to the reduction of solid waste before it enters
the solid waste stream by methods such as product design, materials
substitution, materials re-use and packaging restrictions.
6.67. "Source separation" shall refer to the sorting of solid waste into some or all
of its component parts at the point of generation.
6.68. "Special wastes" shall refer to household hazardous wastes such as paints,
thinners, household batteries, lead-acid batteries, spray canisters and the
like. These include wastes from residential and commercial sources that
comprise of bulky wastes, consumer electronics, white goods, yard wastes
that are collected separately, batteries, oil, and tires. These wastes are
usually handled separately from other residential and commercial wastes.
6.69. "Storage" shall refer to the interim containment of solid waste after
generation and prior to collection for ultimate recovery or disposal.
6.70. "Sustainable consumption and production" shall refer to the use of services
and related products that respond to basic needs and bring a better quality
of life, while minimizing the use of natural resources and toxic materials, as
well as the emission of wastes and pollutants over the life cycle of the service
or product, so as not to jeopardize the needs of future generations.
6.71. "Transfer stations" shall refer to those facilities utilized to receive solid
wastes, temporarily store, separate, convert, or otherwise process the
materials in the solid wastes, or to transfer the solid wastes directly from
smaller to larger vehicles for transport. This term does not include any of
the following:
a. a facility whose principal function is to receive, store, separate, convert,
or otherwise process in accordance with national minimum standards;
b. a facility whose principal function is to receive, store, convert, or
otherwise process wastes which have already been separated for re­
use and are not intended for disposal; and
c. the operations premises of a duly licensed solid waste handling operator
who receives, stores, transfers, or otherwise processes waste as an
activity incidental to the conduct of a refuse collection and disposal
business.
6.72. "Waste diversion" shall refer to activities which reduce or eliminate the
amount of solid wastes from waste disposal facilities.
6.73. "Waste Diverters" shall refer to the public and/ or private entities or persons
that an Obliged Enterprise, Collective, or PRO engages and collaborates
with for the implementation of their respective EPR Programs. Waste
diverters include households, product distributors or retailers, operators of
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material recovery facilities (MRF), waste collection systems, transfer
stations, junk shops, repair shops, recycling facilities, SLF with pre-disposal
sorting/recovery facilities, and other similar facilities for the recovery and
diversion of plastic packaging waste for reuse, recycling, or proper disposal
in accordance with the provisions of the EPR Act of 2022.
PART IV. INSTITUTIONAL STRUCTURES AND MECHANISMS
SECTION 7. Composition and Membership of the Commission. Pursuant to
Section 4 of the EPR Act of 2022, the Commission shall be composed of eight (8)
members from the government sector and five (5) members from the private sector. The
government sector shall be represented by the heads of the following agencies in their
ex officio capacity.
(1) Department of Environment and Natural Resources (DENR);
(2) Department of the Interior and Local Government (DILG);
(3) Department of Science and Technology (DOST);
(4) Department of Health (DOH);
(5) Department of Trade and Industry (DTI);
(6) Department of Agriculture (DA);
(7) Metro Manila Development Authority (MMDA); and
(8) Union of Local Authorities of the Philippines (ULAP).
The private sector shall be represented by the following:
(a) Three (3) representatives from nongovernment organizations (NGOs) with
track record and expertise on the following aspects or fields:
i. waste reduction,
ii. recycling, and
iii. resource recovery;
of solid waste management;
(b) A representative from the recycling, composting, or resource recovery and
processing industry; and
(c) A representative from the manufacturing industry, packaging industry, or
Obliged Enterprises.
The Department Secretary and a private sector representative of the Commission
shall serve as chairman and vice-chairman, respectively. The Commission may, from time
to time, call on any other concerned agencies or sectors as it may deem necessary. The
Secretaries/Heads of the member agencies of the Commission shall formulate action
plans for their respective agencies to complement the National Solid Waste Management
Framework and the EPR Framework for Plastic Packaging Waste.
SECTION 8. Selection Process and Tenure of Office for the Private Sector
Representatives. The representatives from the private sector shall be appointed by the
President for a term of three (3) years, subject to renewal and subsequent endorsement
by the Secretary.
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SECTION 9. Role of the National and Regional Ecology Centers. There shall
be established, under the oversight function of the Commission, a National Ecology
Center or NEC to be headed by the Assistant Director of the Bureau in an ex-officio
capacity. Regional Ecology Centers will also be established and headed by Bureau
Regional Directors in their ex-officio capacity. The Ecology Centers shall provide
technical expertise, information, training, and networking services for the implementation
of the provisions of the Act and the EPR Act of 2022.
Specifically, the NEC shall perform the following functions:
9.1. Facilitate training and education in integrated ecological solid waste
management through the following:
9.1.1. formulation of training programs for LGUs and private sector on the
proper management of solid wastes;
9.1.2. development of training programs on the technical operations of solid
waste management facilities;
9.1.3. formulation of uniform and standardized training programs for
deputized enforcers and implementers;
9.1.4. development of an accreditation and certification system for the
conduct of holding of training programs on solid waste management;
and
9.1.5. in collaboration with the training institutions and academic like
Technical Education and Skills Development Authority (TESDA),
Department of Education (DepEd), and Commission on Higher
Education (CHED), develop an education program that will promote
an effective solid waste management system.
9.2. Establish and manage a comprehensive solid waste management information
database, in coordination with the DTI, and other concerned agencies and
dissemination system focusing, inter alia, on the following areas:
9.2.1. on solid waste generation and management techniques as well as the
management, technical and operational approaches to resource
recovery;
9.2.2. of processors/ recyclers, the list of materials being recycled or brought
by them and their respective prices;
9.2.3. on the rate of recovery and diversion of each type of plastic waste,
updated semi-annually; For this purpose, the NEC may require the
Obliged Enterprises, the Collectives, and the PROs to submit regular
semi-annual unaudited reports on the rate;
9.2.4. on the costs of recovery and diversion of each type of plastic waste
that may serve, among others, as basis for the Pollution Adjudication
Board on the imposition of fines under Section 49(g) of the Act, as
amended by the EPR Act of 2022. For this purpose, the NEC may
require the Obliged Enterprises, the Collectives, and the PROs to
submit and detail the regular semi-annual unaudited reports on these
costs; and
9.2.5. on information on technologies (existing, alternative, and emerging)
that promote clean production and efficient solid waste management.
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The NEC, in consultation with the Commission and the Bureau, shall adopt
the most applicable technological tools that will enable its database to (a)
perform analytics and generate data and information for policy formulation,
policy reform, program and project development, or decision-making, (b)
prepare and host information portals, dashboards, visualizations, and (c)
other relevant functions.
9.3. Promote the development of a recycling market through the establishment of
a national network that will enhance the opportunity to recycle.
9.4. Maintain an EPR Registry that contains the registered EPR programs
submitted by Obliged Enterprises, Collectives, or PROs. It shall also include
and maintain in its registry the registered EPR Programs of MSMEs that are
voluntarily implementing their EPR Program;
9.5. Develop and maintain a database, which includes digital formats, subject to
the provisions of Section 44-G on Confidential Information of the Act, as
amended by the EPR Act of 2022, and ensure that it is reliable, effective,
secure, transparent, and accessible to the public;
The Ecology Centers shall give primary consideration of making the
information generated, collected, recorded, and stored accessible to the
general public and such information shall include data for solid waste
management plans, the National Framework, the National Status Report, and
all other relevant information necessary to ecological solid waste
management.
9.6. Receive sampling and assessment reports submitted pursuant to second
paragraph of Section 44-H of the Act, as amended by the EPR Act of 2022
and undertake the necessary action on such reports, or complaints from any
citizen against a waste generator, an Obliged Enterprises, PRO, or waste
management entity, for the purpose of improving compliance with the law;
9.7. Provide or facilitate expert assistance in pilot modeling of solid waste
management facilities;
9.8. Act as the hub for networking of LGUs, NGOs and industry on compliance with
the pertinent provisions of the Act, as amended by the EPR Act of 2022;
9.9. Act as an information hub of cleaner production/cleaner technologies on solid
waste management that have been identified as such through the
Environmental Technology Verification Process under DENR-DOST Joint
Administrative Order No. 2006-01;
9.10. Develop, test, and disseminate model on waste minimization and reduction
auditing procedures for evaluating options;
9.11.Within one (1) year after the effectivity of the EPR Act of 2022, provide an
assessment on the volume or footprint of other generated wastes, for priority
inclusion in the EPR scheme; and
9.12. Within one ( 1) year after the effectivity of the EPR Act of 2022 and pursuant
to the second paragraph of Section 9 of the same law, further identify, review,
and update the list of non-environmentally acceptable products and plastic
packaging material that shall be phased out, especially those that are highly
unnecessary or replaceable, or cannot be efficiently reused, recovered, or
recycled, consistent with the provisions of the EPR Act of 2022.
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The NEC shall be guided by the provisions of Section 5, Rule XII, Part Ill, of
the RA 9003 IRR in the conduct of its mandatory review of the list of non­
environmentally acceptable products and plastic packaging materials and shall
submit its report and recommendations thereon to the Commission as its oversight
body.
The Assistant Director shall regularly submit reports as may be required by
the Commission in its monthly meetings. The reports of the NEC shall be
consolidated by the Commission Secretariat for submission to the Commission.
The NEC shall maintain a multi-sectoral, multi-disciplinary pool of experts
including those from the academe, inventors, practicing professionals, business
and industry, youth, women, and other concerned sectors, who shall be screened
according to qualifications set by the Commission.
SECTION 10. Functions of the Commission Secretariat. The Bureau through
Solid Waste Management Division, shall provide secretariat support to the Commission.
The general functions of the Secretariat shall be the following:
(a) Prepare all pertinent documents for deliberation by the Commission;
(b) Record and document all the proceedings of the meetings;
(c) Provide administrative support to the Commission;
(d) Index and keep all records used and referenced by the Commission; and
(e) Perform all other functions as may be deemed necessary by the Commission.
PART V. EXTENDED PRODUCER RESPONSIBILITY
SECTION 11. National Framework for Extended Producer Responsibility on
Plastic Packaging Waste. Section 44-D of the Act, as amended by the EPR Act of 2022,
encourages Obliged Enterprises, Collectives, and PROs may include any of the following
activities and strategies enumerated in Section 44-A of the Act, as amended by the EPR
Act of 2022, in their respective EPR Programs to achieve plastic neutrality:
11.1. Reduction of non-environment friendly products which may include the
following activities and strategies:
11.1.1. adoption of reusable products, or redesign of the products to
improve its reusability, recyclability, or retrievability;
11.1.2. inclusion of recycled content or recycled materials in a product;
11.1.3. adoption of appropriate product refilling systems for retailers;
11.1.4. viable reduction rates plan;
11.1.5. information and education campaign schemes; and
11.1.6. appropriate labeling of products, including the information
thereon for the proper disposal of the waste product.
11.2. Product waste recovery programs aimed at effectively preventing waste
from leaking to the environment, which may include the following activities:
11.2.1. waste recovery schemes through redemption, buy-back, offsetting,
or any method or strategy that will efficiently result in the high
retrievability, high recyclability, and resource recovery of waste
products;
11.2.2. diversion of recovered waste into value chains and value-adding
useful products through recycling and other sustainable methods;
11.2.3. transportation of recovered waste to the appropriate composting,
recycling, or other diversion or disposal site in the country;
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11.2.4. clean-up of waste leaked to coastal areas, public roads, and other
sites;
11.2.5. establishment of commercial or industrial scale recycling,
composting, thermal treatment, and other waste diversion or
disposal facilities for waste products, when investment therein is
viable; and
11.2.6. partnership with LGUs, communities, and the informal waste sectors.
11.3. For all other types of product wastes included in the EPR National
Framework required under Section 44-A of the Act, as amended by the EPR
Act of 2022, these shall be subject to a separate administrative issuance as
may be required by law.
SECTION 12. Adoption, Implementation, and Consideration as
Accomplishment of the activities and strategies under Section 44-A of the Act, as
amended by the EPR Act of 2022, for Plastic Packaging Waste.
Pursuant to Section 44-D of the Act, as amended by the EPR Act of 2022, Obliged
Enterprises, Collectives, or PROs shall, within six (6) months following the effectivity of
the Extended Producer Responsibility Act of 2022, 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.
The EPR programs may include the activities and strategies stated under
paragraphs (a) and (b) of Section 44-A of the Act, as amended by the EPR Act of 2022,
and Sections 11.1 and 11.2 of the EPR IRR. Any of these activities and strategies may
also be adopted and submitted to the NEC as an amendment or supplement to their NEC­
registered EPR Program.
12.1. Reduction of Non-Environment Friendly Packaging Products.
12.1.1. Adoption of reusable packaging products, or packaging design to
improve their reusability, recyclability or retrievability.
12.1.1.1. This may include replacement of single use packaging with
reusable packaging products, or with packaging products
designed to improve their reusability, recyclability or retrievability.
The activity or strategy shall result in a reduction of the volume of
plastic packaging waste when compared to, as baseline
quantification, to the material consumption by packaging product
or material relating to the preceding year its implementation.
12.1.1.2. To facilitate consideration as Plastic Waste Footprint Reduction
accomplishment, Obliged Enterprises, Collectives, or PROs shall
submit to the NEC, a plan aimed at improving the reusability,
recyclability and retrievability of their product packaging material.
The plan shall include the following as a minimum:
12.1.1.2.1. Volume and weight, in kilograms, of the packaging
material or type related to the reusability, recyclability
or retrievability of the packaging products, whether
locally manufactured, or imported into the country
from overseas, and brought into the market in the
preceding year.
12.1.1.2.2. Description on how the reusability of their packaging
products, or part of their packaging products, will be
improved.
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12.1.1.2.3. Description on how the reusability or recyclability of
the packaging products will be enhanced; the
technologies envisaged for the reuse or recycling
process; the list of facilities in the Philippines that can
manage the recycling process, or the investment
required to establish the needed recycling process in
case this is not available in the country.
12.1.1.2.4. Description of the measures that could enhance the
retrievability of the product, including packaging
design, simplified identification of the packaging
material or its component, collection/ take back
network which will be established to ensure the
retrievability of packaging after use, etc.
12.1.1.2.5. A material or mass balance study, that allows for
GHG computation and analysis, on the main
materials and processes involved in the plastic waste
reduction activity and strategies to support the
evidence of their overall environmental benefit in
comparison with the baseline. This is consistent with
the requirements of the Clean Air Act of 1999 (RA
8749), Climate Change Act of 2009 (RA 9729), and
the "Guidelines on Mainstreaming, Cascading, And
Institutionalizing Climate Change Concerns in the
Environment and Natural Resources (ENR) Priority
Programs" (DAO No. 2021-22).
12.1.1.2.6. An implementation timeframe, with targets, related to
the reusability, recyclability and retrievability of the
plastic packaging products.
12.1.2. Inclusion of recycled content or recycled materials in packaging
materials
12.1.2.1. The use of recycled content or recycled materials in
manufacturing of packaging products, may be accounted as one
of the measures to achieve product neutrality under the EPR
programs of an Obliged Enterprise, Collective, or PRO. The
neutrality shall consider, not only the amount of material
effectively recycled (representing the amount of waste of the
same materials removed from the environment), but also the
efficiency of the recycling process. The efficiency may be
measured as the ratio between the recyclable waste input minus
recyclable waste discarded in the process over recyclable waste
input, as well as the material or mass balance including GHG
release associated with the recycling process.
Efficiency =
Recyclable waste input - Recyclable waste
discarded
Recyclable waste input
X 100
Source: Performance Measurement for Extended Producer Responsibility in British Columbia (2017)
12.1.2.2. To facilitate consideration as a Plastic Waste Footprint Reduction
accomplishment, the Obliged Enterprise, Collective, or PRO shall
submit to the NEC, a plan aimed at setting a target percentage of
recycled materials to be included in their product. The plan shall
include the following as a minimum:
12.1.2.2.1. Volume and weight, in kilograms, of the packaging
material or type of the current content of recycled
materials in their products, arranged by material, as
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well as a recycling target as a percentage by weight
of recycled polymeric plastic material achieved;
12.1.2.2.2. Description of the process or strategy envisaged to
achieve higher content of recycled materials
compared to the baseline;
12.1.2.2.3. A material or mass balance study, that allows for
GHG computation and analysis, on the main
materials and processes involved in the plastic waste
reduction activity and strategies to support the
evidence of their overall environmental benefit in
comparison with the baseline. This is consistent with
the requirements of the Clean Air Act of 1999 (RA
8749), Climate Change Act of 2009 (RA 9729), and
the "Guidelines on Mainstreaming, Cascading, And
Institutionalizing Climate Change Concerns in the
Environment and Natural Resources (ENR) Priority
Programs" (DAO 2021-22); and
12.1.2.2.4. An implementation timeframe with recycling targets
achieved by material or/and product components
12.1.3. Adoption of appropriate product refilling systems for retailers
12.1.3.1. The reduction of plastic packaging waste that may be achieved
through increased distribution or deployment of refilling systems
for retailers, compared to the baseline volume of plastic packaging
waste released to the market from the year prior to the adoption
and implementation of the refilling system, may be considered as
one of the measures to achieve plastic neutrality under the EPR
Act of 2022. In this method, the achievement of plastic neutrality
shall not be based on the collection of an equivalent waste
container but on the amount of single use plastic containers that
shall no longer be released to the market due to the refilling
system. A mass balance between the mass of the single-use
containers avoided and the reusable containers reaching their end
of life over the same period shall serve as basis for the
determination of plastic neutrality or offsetting.
12.1.3.2. To facilitate consideration as a Plastic Waste Footprint Reduction
accomplishment through the foregoing method, that is generally
limited \o products that may be sold in bulk, such as powders,
liquids, gels, etc., Obliged Enterprises, Collectives, or PROs shall
submit to the NEC, a plan that sets a target volume (in kilograms or
liters) of their product that shall be distributed through refilling system
in the period covered by EPR program over the baseline volume (in
liters or kilograms) of product placed on the market in the Philippines
from the year before the implementation of the refilling systems of the
EPR program, by implementing agreements with product retailers,
such as supermarkets, shops, distributors, to avoid or reduce the
use of single-use containers. The plan shall include the following
as a minimum:
12.1.3.2.1. Volume and weight, in kilograms, of the packaging
material or type of the current amount of single-use
containers and their volume, versus the number and
volume of reusable containers placed on the market,
to allow for verification of the achieved target.
12.1.3.2.2. Modalities of implementation of refilling system
network, including transportation and distributions,
requirements for the re-usable containers,
requirements for tanks to be established at
distribution points and their management,
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12.1.3.2.3. Certification schemes for the chain of custody of
edible and non-edible goods, including health and
safety measures.
12.1.3.2.4. List of edible goods that will be distributed through
refilling systems (i.e., water, oil, wine, flour, salt,
sugar, etc,) expected amount, and associated mass
of single-use containers avoided.
12.1.3.2.5. List of non-edible goods that will be distributed
through refilling systems (i.e., detergents, soaps, oils,
building materials like gypsum and cement, etc.) and
associated mass of single use containers avoided.
12.1.3.2.6. A material or mass balance study, that allows for
GHG computation and analysis, on the main
materials and processes involved in the plastic waste
avoidance or reduction activity and strategies to
support the evidence of their overall environmental
benefit in comparison with the baseline. This is
consistent with the requirements of the Clean Air Act
of 1999 (RA 8749), Climate Change Act of 2009 (RA
9729), and the "Guidelines on Mainstreaming,
Cascading, And Institutionalizing Climate Change
Concerns in the Environment and Natural Resources
(ENR) Priority Programs" (DAO No. 2021-22), and
12.1.3.2.7. An implementation timeframe with targets by product
distributed.
12.1.4. Viable reduction rates plan
12.1.4.1. The reduction of waste which may be achieved through the
upstream reduction, measured in kilograms, of use of material in
the manufacturing of packaging material, compared to the baseline
(the year before the implementation of this EPR activity or strategy),
may be accounted as one of the measures to achieve plastic
neutrality under the EPR programs.
12.1.4.2. For plastic containers and plastic bags, considering that their
impact on the environment is associated not only with their weight
but also with their number and volume, the reduction of their
weight using thinner layers (lightening) shall not, by itself, be
considered as a valid measure to achieve plastic neutrality.
Increase of container volume leading to a smaller numbers of
packaging units shall be considered acceptable if it also results
to a reduction of mass of the plastic packaging released to or
placed on the market.
12.1.4.3. To facilitate consideration as a Plastic Waste Footprint Reduction
accomplishment, Obliged Enterprises, Collective, or PRO shall
submit to the NEC, a plan aimed at reducing the amount of
material (measured in kilograms) used in the manufacturing of their
packaging products, with special reference to packaging
materials, as well as the measures and methods on the shift from
the production of single-use plastic packaging to more
sustainable packaging. The plan shall include the following as a
minimum:
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12.1.4.3.1. Volume and weight (in kilograms) of the packaging
material or type of the current use of materials, by
type of material and product, to be compared with the
material reduction plan.
12.1.4.3.2. An assessment of the reduction of weight and
volumetric amount of waste prevented, associated
with the reduction of material used in the process.
12.1.4.3.3. Reduction rates and technology adopted related to
the elimination or improvement of unnecessary,
redundant, or poorly engineered packaging.
12.1.4.3.4. Reduction rates and technology / process upgrade
adopted associated with the shifting from the
production of single use plastic packaging toward
more sustainable and reusable packaging
12.1.4.3.5. Reduction rates and technology / process upgrade
adopted for the optimisation of product design and
manufacturing, to avoid process scraps and waste,
by material avoided.
12.1.4.3.6. A material or mass balance study, that allows for
GHG computation and analysis, on the main
materials and processes involved in the waste
reduction activities and strategies to support the
evidence of their overall environmental benefit in
comparison with the baseline. This is consistent with
the requirements of the Clean Air Act of 1999 (RA
8749), Climate Change Act of 2009 (RA 9729), and
the "Guidelines on Mainstreaming, Cascading, And
Institutionalizing Climate Change Concerns in the
Environment and Natural Resources (ENR) Priority
Programs" (DAO No. 2021-22).
12.1.4.3.7. An implementation timeframe with targets by raw
material avoided.
12.1.5. Information and education campaign (IEC) schemes
12.1.5.1. To facilitate consideration as an EPR accomplishment through
the foregoing method, Obliged Enterprises, Collectives, or PROs
shall submit as part of their individual EPR Program, an
information and education campaign (IEC) aimed at informing
customers about: •
12.1.5.1.1. Options related to the collection of packaging
products made available through their EPR schemes:
location of collection points, rewarding schemes,
contact numbers, etc.
12.1.5.1.2. Options related to refilling systems made available
through their EPR schemes: products available
through a refilling system, location of distributors of
such products, requirements for reusable containers,
contact numbers.
12.1.5.1.3. Guides for responsible consumption to minimize the
generation of plastic waste.
12.1.5.1.4. Guides for the responsible management of plastic
waste
12.1.5.1.5. Guides related to the recycling symbols placed on the
labels.
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12.1.5.2. Such information and educational materials shall be prepared
as part of the first year of the EPR implementation plan and
updated yearly to reflect the progress of the EPR
implementation.
12.1.5.3. Obliged Enterprises, Collectives, PROs may also support
educational programs and campaigns aimed at disseminating
the hierarchy of waste which includes Avoidance, Reduction,
Reuse, Recycling, Treatment and Proper Disposal.
12.1.5.4. Partnerships with academic institutions, and civil society,
including community and church groups on the development
and dissemination of an information and education campaign or
program on or for ecological solid waste management.
12.1.6. Appropriate labelling of products and packaging materials to include
information thereon to facilitate recovery, reuse, recycling, and
proper disposal of waste product and packaging.
12.1.6.1. Eco-labelling is a shared concern of both the government and
all enterprises, manufacturers, and importers. Collaboration is
essential to the development and adoption of the appropriate
regulation or a mandatory standard for general eco-labels that
are internationally acceptable to facilitate international trade
and commerce.
12.1.6.2. The Act, under Section 27 (Eco-Labelling), provides that the
Department of Trade and Industry (DTI) "shall formulate and
implement a coding system for packaging materials and
products to facilitate waste recycling and re-use." The EPR Act
of 2022 included "information for proper disposal of waste
products" in the product labels or packaging.
12.1.6.3. Rule XII, Section 4 (Eco-labelling) of the RA 9003 IRR provides
that "the Department of Trade and Industry- Bureau of Product
Standards (DTI-BPS) shall formulate and implement a coding
system for packaging materials and products to facilitate waste
recycling and re-use. The coding system shall initially be based
on ISO 14020 series standards, particularly, ISO standard
14024, "Environmental Labelling - Practitioner Programs -
Guiding Principles, Practices and Certification Procedures of
Multiple Criteria (type 1) Programs', with criteria to be
determined on the basis of life cycle assessment of the product
group." The Act and its RA 9003 IRR, as amended by the EPR
Act of 2022 and its EPR IRR, include information for proper
disposal of waste products in the product labels or packaging.
12.1.6.4. Rule XII, Section 4 (Eco-labelling) of the RA 9003 IRR, further
provides that "The eco-/abel shall include simple, accurate, non­
deceptive and scientifically based information on the key
environmental aspects which are considered in the award of the
label in order to enable consumers to make informed choices.
Provided DTI shall make relevant information about the
attributes of the products available to purchasers, and that
information on the process and methodologies used in the eco­
labelling process, shall be available to all interested parties."
The EPR IRR requires that the eco-labels be" internationally
acceptable to facilitate international trade and commerce."
19
12.1.6.5. As such, the drive towards the development and mandatory
adoption of eco-labels shall continue to be led by the DTI,
through its DTI-BPS, in collaboration with the Commission, and
other government agencies with specific labelling requirements,
such as, but not limited to, the Bureau, the Food and Drug
Administration (FDA), the Department of Agriculture (DA).
12.1.6.6. Industries and enterprises affected by the requirement for the
development of standardized eco-labelling for all products and
product packaging shall cooperate and collaborate with the DTI­
BPS to ensure that the labelling standards adopted not only
satisfy the requirements of all applicable laws and regulations
of the Philippines but also comply with relevant international
standards to facilitate international trade and commerce.
12.1.6. 7. Obliged Enterprises, Collectives, or PR Os shall submit this
activity or strategy as part of their EPR Program. In their initial
EPR Programs, they may already disclose, for compliance
monitoring purposes, the publicly accessible online platforms
where they provide summary information on:
12.1.6. 7 .1. Compliance with national labelling regulations,
such as those required by the DTI-PNS under the
Consumer Protection Act of the Philippines (RA
7394), the FDA under the Food, Drug, and
Cosmetic Act (RA 3720), or the DA, through its
Administrative Order No. 26-2005.
12.1.6. 7 .2. The proper handling, storage, reuse, recycling, and
proper disposal of waste products and plastic waste
packaging, in compliance with applicable national
laws, rules, and regulations.
12.1.6.7.3. International standards relating to recycling
symbols already reflected in their product labels or
packaging.
12.1.6.8. The EPR Program shall be subsequently revised to comply with
the eco-labelling regulations once these are promulgated by the
DTI-PNS.
12.2. Recovery Programs Aimed at Effectively Preventing Waste from
Leaking to the Environment
12.2.1. Waste recovery schemes through redemption, buy-back,
offsetting, or any method or strategy that will efficiently result
in the high retrievability, high recyclability and resource
recovery of waste products.
12.2.1.1. The reduction of waste, that may be achieved through the
adoption of recovery schemes suitable for the quantity type and
location of plastic packaging waste, shall be accounted as one of
the measures to achieve product neutrality under the EPR
programs.
12.2.1.2. Obliged Enterprises, Collectives, or PROs shall submit to the
NEC, a plan that ensures that their plastic packaging waste (or
equivalent plastic packaging waste of other brands), are
collected at source or at specifically arranged collection points.
The plan shall include a quantifiable, traceable, and auditable
plastic packaging waste reverse-logistic network that identifies
20
waste collectors, transporters, collection points, and storage
areas as agreed upon with retailers, Local Government Units
(LG Us), plastic packaging waste re-users, recyclers, diverters,
and operators of MRFs or SLFs, involving, where feasible,
informal waste collectors, non-government organizations
(NGOs), or civil society organizations (CSOs).
12.2.1.3. The recovery schemes shall pay particular attention to the issue
of rural areas or small islands which are difficult to reach, to
ensure that such areas are covered.
12.2.1.4. The plan shall include a material or mass balance study, that
allows for GHG computation and analysis, on the main materials
and processes involved in the plastic waste recovery activity and
strategies to support the evidence of their overall environmental
benefit in comparison with the baseline. This is consistent with
the requirements of the Clean Air Act of 1999 (RA 87 49), Climate
Change Act of 2009 (RA 9729), and the "Guidelines on
Mainstreaming, Cascading, and Institutionalizing Climate
Change Concerns in the Environment and Natural Resources
(ENR) Priority Programs" (DAO No. 2021-22).
12.2.1.5. The plan shall also include an implementation timeframe with
targets by product/ material recovered.
12.2.2 Diversion of recovered waste into value chains and value adding
useful products through recycling and other sustainable methods
12.2.2.1. The reduction of plastic waste that may be achieved through
diversion of packaging waste into value chains or value adding
useful products may be accounted as one of the measures to
achieve product neutrality under the EPR programs. Such
diversion may be accomplished through any sustainable methods
that promote circular economy, as recognized under the EPR Act
of 2022, its EPR IRR, and other administrative issuances of the
Department, the Bureau, or other government agencies.
Consideration for plastic or product neutrality shall be based on
the same material and product for which waste has been avoided
through diversion when compared to the baseline volume of
plastic waste from the year prior to the implementation of this
diversion program. The brand of the packaging product or waste
diverted is not relevant.
12.2.2.2. To benefit from this product neutrality option, Obliged
Enterprises, Collectives, or PROs shall submit to the NEC, a plan
that ensures that a target amount, expressed in the appropriate
unit mass like kilograms, of their packaging (or equivalent
packaging of other brands), are diverted into value chain in a way
which maximize their re-use as material, products, or component
of products, based on the following hierarchy:
12.2.2.2.1. Reuse as product or as component of product; for
instance, collection and cleaning of containers for
reuse.
12.2.2.2.2. Mechanical recycling: for instance, collection of
wasted PET bottles to manufacture new PET bottles.
12.2.2.2.3. Mechanical recycling of material for the
manufacturing of other products; for instance,
collection and recycling of PET bottles to
manufacture other PET items.
21
12.2.2.2.4. Chemical Recycling to convert plastics to monomers
as feedstock to the petrochemical industry
12.2.2.2.5. Alternative Recycling for construction materials, arts
and crafts, among others.
12.2.2.2.6. Co-processing, if applicable and allowed for the
specific material, product, or waste; for instance, co­
processing of non-recyclable or low-quality plastic
waste in cement kilns to recover energy and material.
12.2.2.2. 7. Waste-to-energy pursuant to standards and
guidelines set forth by the Department and other
relevant agencies.
12.2.2.2.8. Safe disposal in SLFs.
12.2.2.3. The yearly value diversion/ recycling plan arranged by product
and materials, with targets by diversion modality, shall be
submitted to facilitate a fair appreciation and determination of the
accomplishments.
12.2.2.4. The movement of collected EOL products or wastes to the
recycling, treatment, or disposal facilities shall be documented
through a quantifiable, traceable, and auditable recording system
that would reflect source to destination via recycling, treatment,
or proper disposal. Once the wastes have been recycled, treated,
or properly disposed, the recycler, treater, or disposal facility
operator shall issue a Certificate to and in the name of the
Obliged Enterprise, Collective, or PRO.
12.2.2.5. The plan shall include a material or mass balance study, that
allows for GHG computation and analysis, on the main materials
and processes involved in the plastic waste value diversion or
recycling activity and strategies to support the evidence of their
overall environmental benefit in comparison with the baseline.
This is consistent with the requirements of the Clean Air Act of
1999 (RA 87 49), Climate Change Act of 2009 (RA 9729), and the
"Guidelines on Mainstreaming, Cascading, And Institutionalizing
Climate Change Concerns in the Environment and Natural
Resources (ENR) Priority Programs" (DAO No. 2021-22).
12.2.3 Transportation of recovered waste to the appropriate composting,
recycling or other diversion or disposal site in the country.
Obliged Enterprises, Collectives or PR Os shall submit as part of their EPR
Program, the methodology through which the movement of recovered or
collected plastic packaging wastes to the appropriate composting,
recycling or other diversion or disposal sites shall be reliably tracked and
documented in a quantifiable, traceable, and auditable manner in
collaboration with their key collaborators or partners in the implementation
of their EPR Program.
12.2.4 Clean-up of waste leaked to coastal areas, public roads, and other
sites
12.2.4.1. The legacy of packaging waste contaminating the environment,
with specific reference to shorelines and the marine environment,
falls retroactively within the responsibility of the relevant obliged
enterprises whose packaging products have leaked into the
environment. Given, however, the complexity of the clean-up of
site contaminated by certain waste typologies, and to ensure safe
recovery and proper transport or delivery to the appropriate
composting, recycling or other diversion or disposal site, the
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participation of Obliged Enterprises, Collectives, or PROs, in the
environmental or coastal clean-up shall be coordinated in
advance with the LGUs and with the local offices of the Bureau
or the Department.
12.2.4.2. The product neutrality achieved through participation in the clean­
up of these areas shall be calculated based on actual waste
cleaned up that corresponds to the plastic packaging waste
footprint of the Obliged Enterprise, Collective, or PRO, for
recovery and transport to the appropriate recycling, treatment, or
disposal facilities under Section 16.3 and Section 18 of this EPR
IRR. The calculation or estimate may use the Waste Analysis and
Characterization (WACS) Guidelines under NSWMC Resolution
No. 1380, s. 2020, or any future amendment thereto, to determine
the weight of plastic packaging waste diverted from the
environment.
12.2.4.3. The Obliged Enterprises or the Collectives or PR Os to which they
belong may refuse to participate in clean-up activities where the
illegal waste dumps were established directly or indirectly, or
otherwise tolerated, by the LGUs or other government agencies
in violation of the prohibition against the establishment and
operation of open dumps under Section 37 of the Act.
12.2.5 Establishment of commercial or industrial scale recycling,
composting, thermal treatment, and other waste diversion or
disposal facilities for waste products, when investment therein is
viable.
12.2.5.1. In case the existing recycling facilities are not sufficient to ensure
the EPR target required in terms of capacity, quality, or
technology, for the collection and recycling of the plastic
packaging waste, the Obliged Enterprises, or the Collectives or
PROs, may formally elevate the issue to the NEC, under the EPR
Sustainability Collaboration provisions in Section 17 .2 of the EPR
IRR for consideration as a possible public-private partnership
(PPP) venture.
12.2.5.2. In elevating issue, Obliged Enterprises, Collectives or PROs, by
themselves or together with other similarly situated Obliged
Enterprises, Collectives, or PROs, shall submit to the NEC a
business case or pre-feasibility study that identifies the project
and investment requirements and include, at the minimum:
12.2.5.2.1. Waste typology and reasonably projected volumes,
expressed in kilograms per month or per year.
12.2.5.2.2. The appropriate commercial or industrial scale
facilities that utilize sustainable recycling
technologies or methods that promote circular
economy, as locally and internationally recognized.
12.2.5.2.3. Possible cash or non-cash investments and risk
sharing arrangements within the context of public­
private partnerships (PPP) modalities under
Philippine law or Ordinances of LGUs.
12.2.5.2.4. Relevant assumptions to ensure project feasibility
and sustainability.
12.2.5.2.5. Investment recovery periods, and any direct or
indirect government incentives or subsidies.
12.2.5.2.6. Contract Management and Regulatory Framework.
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12.2.6 Partnership with LGUs, communities, and informal waste sectors.
Obliged Enterprises, or the Collectives or PROs to which they belong, may
establish collaboration partnerships with LGUs, communities and informal
waste sector for, among others, the following purposes:
12.2.6.1. Partnership with LGUs to:
12.2.6.1.1. Support LGUs activities related to the collection and
recycling of plastic waste, ensure a better
coordination among public and private sector in the
field of solid waste prevention, recycling, and
collection, enhance synergies among the private and
public sector.
12.2.6.1.2. Contribute to the LGU activities on collection and
recycling of plastic waste through awareness raising
campaigns and communications.
12.2.6.1.3. Coordinate on permitting and licensing issues related
to investment in recycling and disposal facilities
envisaged under the EPR schemes.
12.2.6.1.4. Ensure that the collection and recycling / treatment
covers areas which are difficult to be accessed, like
rural areas or small islands.
12.2.6.2. Partnership with communities: to support, as part of their EPR
and CSR schemes, the needs of communities on social and
environmental issues, with focus on but not limited to collection
and recycling services. This may include development of
infrastructures, training, awareness raising initiatives, cultural
events, environmental awards for students and workers, etc.
12.2.6.3. Partnership with the informal waste recovery sector: informal
collector shall be involved in collection initiatives especially in
case the EPR program may impact on their activities. This
partnership shall ensure a formal coverage of the activities of
informal collectors which may be an important resource to ensure
the collection of EOL at source and shall promote the creation of
formal business which may participate in the implementation of
EPR schemes.
Partnership with informal collector will be implemented in such a
way to ensure that as a minimum, the national rules related to
occupational health, right of employees and environmental
protection are complied with at any stage.
Obliged Enterprises, Collectives, or PROs establishing
partnerships with the informal collector shall ensure that such
standards and rules are complied with and may introduce higher
standards or safeguard systems in case these are more
protective than the national rules. Such standard or safeguard
systems may for instance concern: Social inclusion; Gender
equality, Grievance mechanisms, Child labor, Occupational
Health, Fair wage policies.
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12.3. Incorporation of Activities and Strategies in the EPR Program. The
adoption, implementation, monitoring, and evaluation of the specific activities and
strategies and their respective requirements as stated in the foregoing Sections
12.1 and 12.2 in accordance with Section 44-A of the Act, as amended by the EPR
Act of 2022 may already be reflected in the EPR Program submitted for initial
registration or subsequently submitted by the Obliged Enterprise, Collective, or
PRO as a supplement or amendment thereto in accordance with the process
provided in Section 16.4 of this EPR IRR.
12.4 Crediting Plastic Waste Footprint Reduction Accomplishments: The
NEC, in close coordination with the Bureau, the Obliged Enterprises, Collectives,
and PROs, shall formulate and recommend to the Department the adoption of a
system for crediting of Plastic Waste Footprint Reduction Accomplishments that
ensures a fair determination and recognition of the initiatives, activities and
strategies in the foregoing Section 12.1, in due consideration with the Country's
Nationally Determined Contribution (NOC) and avoids double counting of
accomplishments.
SECTION 13. Plastic Packaging Covered by EPR. For purposes of this Rule,
and in relation to Section 44-C of the Act, as amended by the EPR Act of 2022, plastic
packaging shall refer to products utilized to carry, protect, or pack goods for
transportation, distribution, and sale.
Plastic packaging shall include the following:
(1) Sachets, labels, laminates, and other flexible plastic packaging products,
whether single layer or multi-layered with plastics or other materials;
(2) Rigid plastic packaging products, whether layered with any other materials,
which include containers for beverages, food, home, personal care and
cosmetic products, including their coverings, caps, or lids and other
necessities or promotional items, such as cutlery, plates, drinking straws, or
sticks, tarps, signage, or labels;
(3) Plastic bags, which include single-use plastic bags, for carrying or
transporting of goods, and provided or utilized at the point of sale; and
(4) Polystyrene.
SECTION 14. Obliged Enterprises. Pursuant to Article 2, Sections 3 (p-4) and
(w-2), and Section 44-B of the Act, as amended by the EPR Act of 2022, the following
enterprises that generate plastic packaging waste are the product producers obliged to
implement EPR Programs:
14.1 Large Enterprise:
14.1.1 Brand Owner who sells or supplies any commodity under a brand,
label or identity using a product it produced, or a material supplied
to it by another manufacturer, or supplier; and
14.1.2 Product Manufacturer or Importer that supplies its commodities for
the use of the general consumer, or distributes the same as a
material product of a brand owner: Provided, That for purposes of
Article 2 of Chapter Ill-A of the Act, as amended by the EPR Act
of 2022, in case the commodities are manufactured, assembled,
or processed by a product manufacturer for another Obliged
Enterprise which affixes its own brand name, the latter shall be
deemed as the manufacturer;
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14.2 MSMEs when the total value of assets of all enterprises carrying the same
brand, label or trademark exceeds that of medium enterprises as
prescribed by Republic Act No. 9501.
While MSMEs are not covered by the EPR Act of 2022, they are however
encouraged to practice EPR voluntarily or be a part of the network of
Obliged Enterprises, Collectives, or PROs practicing EPR.
14.3 Such other persons and entities as may be determined by the Secretary.
SECTION 15. EPR Mandates. Pursuant to Section 44-D of the Act, as amended
by the EPR Act of 2022, Obliged Enterprises shall, within a period of six (6) months
following the effectivity of the EPR Act of 2022, 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.
15.1. The EPR programs may include the activities and strategies stated under
Sections 12.1 and 12.2 hereof, and Section 44-A of the Act, as amended by
the EPR Act of 2022, provided that their EPR mechanisms and strategies
that shall be submitted to the Commission, through the NEC.
15.2. Obliged Enterprises shall institute an EPR program, either individually or
collectively, whether as, with, or without, a PRO. The herein defined
Collective or PRO shall serve as the viable platform of the members thereof
for the formulation, submission, registration, implementation, and audit of
their EPR Program.
15.3. The Obliged Enterprises or the Collectives or PR Os to which they belong
shall:
15.3.1. Maintain updated statistics of the amount of products that they or
their respective members released to the market and the amount of
plastic packaging waste recovered from the environment, by type of
product and year.
15.3.2. Develop various data management tools to ensure the veracity of
the data and information generated or reported during the
implementation of their respective EPR Programs, thereby enabling
a proper and credible audit thereof and certified reporting thereon
for the compliance period by an independent third-party auditor in
accordance with Section 44-G of the Act, as amended by the EPR
Act of 2022.
15.3.3. Establish cooperation mechanisms with other Obliged Enterprises,
Collectives, and PROs dealing with the same category of plastic
products and wastes, or even different categories of products to
achieve the shared objective of plastic neutrality.
SECTION 16. Registration of EPR Programs.
16.1. Application Process
16.1.1. An Obliged Enterprise, Collective, or PRO shall submit to the NEC
its application for registration of its EPR Program, in triplicate
copies (2 originals and 1 legible photocopy), and a compressed
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archive digital file/s (ZIP or RAR) containing the non-editable PDF
files of the required documents as specified in Sections 16.2 and
16.3 hereof.
16.1.2. Within three (3) business days from receipt of the application, the
NEC shall complete its examination of the application to determine
its completeness in accordance with Section 16.2 and Section 16.3
hereof. If complete, the NEC shall email the duly designated officer
of the applicant with the Order of Payment of the EPR Registration
Fees and Annual Compliance Monitoring Fees in accordance with
the Schedule of EPR Fees to be issued by the Bureau. The
collected registration fees and annual compliance monitoring fees
shall accrue to an EPR Special Fund to be created herein.
If the application is incomplete, the NEC shall email the duly
designated officer of the applicant on the missing information or
documents. The NEC shall have a new three (3) business day
period within which to recheck the completeness of the
resubmission.
16.1.3. Upon manual or electronic submission of the proof of payment of
the aforementioned Fees, and within a period of twenty (20)
business days from receipt thereof, the NEC shall commence and
complete its evaluation of the application to determine and ensure
the conformity and consistency of the EPR Program, its
mechanisms, and strategies, with the requirements of the Chapter
Ill-A of the Act, as amended by the EPR Act of 2022. If,
notwithstanding the payment of the required fees, the NEC does
not act upon the EPR Program within the herein prescribed period,
said EPR Program shall be considered as "registered" and the duly
designated officer of the registrant may pick up its duly marked and
numbered EPR Program upon the lapse of said period.
16.1.4. The NEC shall affix its security markings and assign the EPR
Registry Number on the EPR Program determined to be compliant
and submit a copy thereof to the Commission through the
Commission Secretariat. The NEC shall also email the duly
designated officer of the registrant of said actions and with
instructions to pick up its duly marked and numbered EPR Program.
16.1.5. In case the NEC determines that the EPR Program contains
provisions that are non-compliant or are inconsistent with the
requirements of the Chapter Ill-A of the Act, as amended by the
EPR Act of 2022, it shall email the duly designated officer of the
applicant with information on the provisions thereof that were
determined to be non-compliant or inconsistent.
Upon resubmission of the EPR Program, as amended to be
compliant and consistent with the requirements of the Chapter Ill-A
of the Act, as amended by the EPR Act of 2022, the NEC shall have
a new twenty (20) business day period from receipt thereof within
which to complete its evaluation thereon.
16.1.6. The distribution of the duly marked and registered copies of the
EPR Program shall be as follows:
Registrant, 1-original copy and 1 copy duly certified by the NEC
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NEC and the Commission, 1 original copy and the digital file for
the database
Bureau Regional Office, 1 copy duly certified copy by the NEC,
for compliance monitoring and evaluation purposes.
16.1.7. The Bureau Director may issue a Memorandum Circular to
implement the necessary adjustments to (1) the foregoing process
flow once the EPR registration procedure is migrated to and
integrated with Bureau's OPMS; or (2) shorten the processing
periods in accordance with Republic Act No. 11032 or the Ease of
Doing Business Law.
16.2. Documentary Requirements for Applications for Registration, pursuant
to Section 44-E of the Act, as amended by the EPR Act of 2022:
16.2.1 Letter of Intent stipulating whether the applicant is applying for
EPR Registration as an Obliged Enterprise or as a Collective or
aggrupation of Obliged Enterprises, with or without a PRO. The
Letter shall be signed by the duly designated officer responsible for
the EPR Program and for EPR Act of 2022 Compliances and shall
provide the contact details (office address, telephone and mobile
number, and email address) of said officer. The duly designated
officer shall ensure that the NEC is updated as to any changes in
his/her contact details.
16.2.2 The Letter shall be supported by the following documents,
submitted in triplicate:
16.2.2.1. Original copies of the Special Power of Attorney,
Partner's Certificate or Resolution, or Corporate
Secretary's Certificate on the designation of the officer
responsible for the EPR Program and for EPR Act of
2022 Compliances and the authorization to submit the
application for EPR registration of the EPR Program.
16.2.2.2. Legible copy of Certificate of Registration with the
Department of Trade and Industry (DTI) for single
proprietorships, Securities and Exchange Commission
(SEC) for corporations and partnerships, or Cooperative
Development Authority (CDA) for cooperatives of the
Obliged Enterprise, the lead enterprise of a Collective, or
of the PRO.
16.2.2.3. Legible copy of Certificate of Registration with the
Bureau of Internal Revenue (BIR Form No. 2303) of the
Obliged Enterprise, the lead enterprise of a Collective, or
of the PRO.
16.2.2.4. Copy of valid Mayor's or Business Permit covering the
principal place of business of the Obliged Enterprise, the
lead enterprise of a Collective, or of the PRO.
16.2.2.5. Additional documentary requirements for Collectives and
PROs:
16.2.2.5.1. Organizational structure and leadership
16.2.2.5.2. Membership requirements
16.2.2.5.3. Roster of Member Obliged Enterprises
16.2.2.5.4. Roster of MSMEs voluntarily participating in
the EPR Program
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16.2.2.6. Sworn Statement executed by duly designated officer
responsible for the EPR Program and for compliance
with EPR Act of 2022 attesting to the veracity of all
documents submitted together with the application and
undertaking to report in writing to the NEC, any changes
on:
16.2.2.6.1. The identity and/or contact details ( office
address, telephone and mobile number, and
email address) of the duly designated officer
responsible for the EPR Program and for
compliances with EPR Act of 2022.
16.2.2.6.2. Mode of Compliance with the EPR Act of
2022, for example, from an individual
Obliged Enterprise to Collective or through
PRO, or withdrawal or separation from a
Collective or a PRO to pursue compliance
with EPR Act of 2022 as an individual
Obliged Enterprise.
16.2.2.6.3. The roster of members, in the case of
Collectives or PROs, and the consequent
adjustments to the weight of plastic
packaging footprint and to the committed
plastic waste diversion targets.
16.2.2.6.4. Such other relevant information to enable
the Bureau and the NEC to monitor and
evaluate compliance with their respective
EPR Programs in accordance with Section
44-E of the Act, as amended by the EPR Act
of 2022.
16.2.2.7. The EPR Program, as described in the immediately
succeeding section, of the Obliged Enterprise, the
Collective, or the PRO.
16.3. Components of an EPR Program. Pursuant Sections 44-E, 44-F, and 44-
H of the Act, as amended by the EPR Act of 2022, the EPR Program to be
submitted by an Obliged Enterprise, a Collective, or a PRO shall include the
following information:
16.3.1 Specific type of packaging materials, as defined by Section 44-
C of the Act, as amended by the EPR Act of 2022, and Section
13 of this EPR IRR, and the product brands for which they are
used. In complying with this requirement, the disclosure of the total
weight or volume of per type of packaging material per product
brand is not required.
16.3.2 Verifiable weight, expressed in kilograms, of the plastic
packaging per type, material form, or general form, brought
into the market within a specified period. This parameter shall
also be known as the "plastic packaging footprint".
16.3.2.1. In the determination of the verifiable plastic packaging
footprint, compliance with this requirement shall include
those necessities or promotional items used to promote
the product brand/s even if these are outsourced by the
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product producer to third-party suppliers or service
providers such as distributors, retailers, franchisees, or
advertising/ marketing agencies.
16.3.2.2. To prevent the inadvertent disclosure of confidential
information, compliance with this requirement shall be
based on the total weight of plastic packaging per type,
Rigids or Flexibles, as defined under Section 44-C of the
Act, as amended by the EPR Act of 2022, regardless of
brand.
For Collectives and PROs, the compliance disclosure
shall be based on the consolidated or aggregated weight
of plastic packaging footprint of the same type, material
form, or general form, regardless of brand, of all of their
members.
16.3.2.3. "Specified period" generally refers to a 12-calendar
month period.
16.3.2.4. During the first compliance year, also known as the EPR
phase-in period (2023-2024 ), the required disclosure
shall be based on the self-declaration of the applicant
Obliged Enterprise, Collective, or PRO. This shall be
verified during the required compliance audit under
Section 44-G of the Act, as amended by the EPR Act of
2022 and Section 19 of this EPR IRR, the results of
which shall serve as the verified and audited basis for
the adjustments thereof.
16.3.3 Target weight of plastic packaging footprint to be recovered
and diverted for reuse, recycling, treatment, or proper
disposal to prevent them from leaking into the environment.
This shall be expressed in kilograms and as a percentage of the
plastic packaging footprint for the compliance year. This parameter
shall also be known as the "plastic waste diversion target".
16.3.3.1. The compliance disclosure herein required on plastic
packaging waste recovery for reuse, recycling,
offsetting, or proper disposal shall be based on the same
type, material form, or general form that an Obliged
Enterprise produces, regardless of brand.
For Collectives and PROs, the compliance disclosure
herein required on plastic packaging waste recovery for
reuse, recycling, offsetting, or proper disposal shall be
based on the consolidated or aggregated weight of
plastic packaging of the same type, material forms, or
general forms, that their respective members produce.
16.3.3.2. In no case shall the committed plastic waste diversion
target be lower than that prescribed for the applicable
compliance period under Section 44-F, of the Act, as
amended by the EPR Act of 2022.
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To avoid any doubt, the minimum plastic waste diversion
target of an Obliged Enterprise, Collective, or PRO that
registers their EPR Program in 2024 is not 20% but 40%
of the plastic packaging footprint. The minimum plastic
packaging waste diversion target for those that register
their EPR Program in 2025 shall be 50%, not 20%, of
their plastic packaging footprint.
16.3.3.3. Pursuant to Section 44-F of the Act, as amended by the
EPR Act of 2022, the recovery or offsetting of plastic
packaging waste, to be considered or credited as a
proper step towards waste diversion accomplishment,
shall be based on the type of plastic packaging footprint,
regardless of brand. As such, if the plastic packaging
footprint is "Rigid", it shall only be credited if recovered
or offset against "Rigid plastic packaging waste",
regardless of brand. "Flexibles" cannot be used to offset
"Rigids" and vice versa.
16.3.3.4. As recovery is not the final step in waste diversion, the
EPR Program shall define and describe the post­
recovery disposition, whether for reuse, recycling,
feedstock for coprocessing, waste-to-fuel, waste-to­
energy or other technological applications allowed by
law, rule, or regulation, or for final proper disposal at a
Sanitary Landfill Facility (SLF) as defined in the Act.
16.3.3.5. The EPR Program shall clearly identify who in its process
flow shall issue the plastic waste diversion certificate in
the name of the Obliged Enterprise, the Collective, or the
PRO. As a measure to ensure the integrity and veracity
of the contents thereof, the plastic waste diversion
certificate shall be notarized in accordance with the
prevailing rules on notarization issued by the Supreme
Court of the Philippines.
16.3.3.6. It is the aggregated total weight of these Sworn Plastic
Waste Diversion Certificates, secured during the
applicable compliance period, that shall serve as among
the principal bases to determine compliance with the
applicable minimum plastic packaging waste diversion
targets set under Section 44-F of the Act, as amended
by the EPR Act of 2022, and shall be the subject of
verification, validation, compliance audit, and
certification by the independent third-party auditor to be
engaged by the Obliged Enterprise, Collective, or the
PRO in accordance with Section 44-G of the Act, as
amended by the EPR Act of 2022.
16.3.3.7. The Obliged Enterprise, the Collective, or the PRO shall
ensure the accuracy, reliability, and integrity, of all
information and reports from its network of plastic waste
collectors, diverters, re-users, recyclers, converters to
feedstock of legally allowed technological applications,
or operators of SLFs as defined in the Act.
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16.3.4 Other EPR Programs for plastic packaging waste avoidance,
reduction, or redesign of plastic packaging to improve its reusability or
recyclability.
16.3.4.1. Section 44-A and Section 44-D of the Act, as amended
by the EPR Act of 2022, encourage Obliged Enterprises,
Collectives, and PROs to include and implement, as part
of their EPR Program, the activities and strategies
enumerated therein and detailed in Sections 12.1 and
12.2 of this EPR IRR, that are aimed at the avoidance
and reduction of non-environment friendly products and
the effective prevention of waste from leaking to the
environment.
16.3.4.2. To this end, the EPR program, as originally submitted
and registered, or as may be subsequently amended in
accordance with the procedure prescribed in Section
16.4 of this EPR IRR, shall describe how these activities
and strategies shall result in the avoidance or reduction
of non-environment friendly or preferable products or the
prevention of waste from leaking to the environment. It
shall be supported by quantifiable, traceable, and
auditable data and information that shall be included and
subjected to the EGAR under Section 44-G of the Act,
as amended by the EPR Act of 2022 and Section 19 of
this EPR IRR.
16.3.4.3. To enable a fair determination of the (a) volume or
weight of product waste avoided or reduced or
prevented from leaking into the environment, and (b)
accomplishment credits to be accorded, this portion of
the EPR program shall be submitted by the Obliged
Enterprise, Collective, or PRO to the NEC. It shall
include the proposed measures or metrics to achieve the
fair determination stated in the immediately preceding
paragraph.
The NEC shall evaluate the proposal and, in consultation
with the Commission, recommend to the Department the
accomplishment credits to be accorded to the proposed
activity or strategy for approval and issuance of the
appropriate administrative order or circular.
16.3.5 Labeling of packaging materials to facilitate recovery, reuse,
recycling, or proper disposal of packaging materials.
16.3.5.1. As stated in Section 12.1.6 of this EPR IRR, compliance
with this requirement involves the declaration of
measures to ensure that the labelling of products placed
on the market in the country complies with the prevailing
national rules and regulations related to the labelling of
their packaging.
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16.3.5.2. Compliance includes posting on publicly accessible
websites of the Obliged Enterprise, the Collective, or the
PRO, of the summary information related to the recycling
or disposal modality of products, information related to
the recycling modality of the packaging, and compliance
with international standards relating to recycling symbols
to facilitate international trade and commerce.
16.3.5.3. As recognized in Section 12.1.6, compliance with future
government labeling regulations referred to therein shall
be submitted by way of amendments or supplements to
the registered EPR Program.
16.3.6 Status of Implementation:
16.3.6.1 . The EPR Program shall describe and detail the various
components of its EPR implementation program and
process flow. These include:
16.3.6.1.1. Implementation parameters and strategies of
the EPR program
16.3.6.1.2. Identification, role, or function of each key
partner or collaborator, who may come from
the local government or private sector,
including social enterprise, community,
church, civil society, industry groups, their
supply and distribution chains, at every stage
of the implementation of the EPR Program,
particularly on plastic packaging waste
footprint collection and recovery,
aggregation, and diversion for reuse,
recycling, offsetting, treatment, conversion,
or proper final disposal. Of particular
importance is the identification of the partner
or collaborator that will issue the in the name
of the Obliged Enterprise, Collective, or PRO
the Sworn Plastic Waste Diversion
Certificate.
These partners or collaborators shall also
serve as key data points for the monitoring
and evaluation of the EPR Program
implementation.
16.3.6.1.3. The systems for data collection and database
maintenance
16.3.6.1.4. The system for reporting, verification, and
accounting of waste footprint generation,
recovery, and diversion for reuse, recycling,
treatment, conversion, or proper disposal.
16.3.6.1.5. Financing mechanisms or expenses;
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16.3.6.1.6. Environmental, social inclusivity, gender
equality, anti-exploitation, and other relevant
safeguards
16.3.6.2. Geographic Implementation Program or Roll-out Plan:
To achieve the objective of the EPR Act of 2022 on the prevention
of marine litter, it is necessary that the EPR Programs include the
geographic implementation program or roll-out plan to ensure that
the benefits of the various EPR Programs go beyond the
boundaries of urban centers and cities.
As an illustration or example, this program or plan may be
presented by an Obliged Enterprise, Collective, or PRO, in the
following manner:
"Without limiting, restricting, or preventing the participation in our
EPR Program of other LG Us, the following is the target geographic
implementation or roll-out of our EPR Program:
Compliance General Areas Year
2023 Metro Manila, Metro Cebu, and Metro Davao
Other Metropolitan Areas: (Metro Angeles, Metro
2024 Bacolod, Metro Baguio, Metro Batangas, Metro
Cagayan de Oro, Metro Dagupan, Metro 1/oilo-
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
Compliance with this requirement may serve as inputs for the
formulation and implementation of programs, projects, and
strategies, aimed at fostering a better investment climate for public
and/or private investments in plastic waste recovery and recycling
endeavors.
16.3.6.3. The EPR Program may also include other relevant
information that the Obliged Enterprise, Collective, or
PROs may voluntarily disclose, such as, other
initiatives, approaches, or projects towards plastic
neutrality, or the disclosure of the other types and
volume of packaging materials like paper, cartons,
glass, metal, wood, that are currently in use but not
covered by the EPR Act of 2022.
16.3. 7 Status of Compliance
Compliance requires a disclosure of the advance work that has
been done by the Obliged Enterprise, Collective, or PRO to
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prepare for the implementation of its EPR Program. This may
also include EPR-related activities accomplished prior to the
enactment of the EPR Act of 2022
16.4. Amendments to the Registered EPR Program
16.4.1 If the Obliged Enterprise, Collective, or PRO wishes to introduce
amendments to its NEC-Registered EPR Program, it shall
submit, in triplicate copies, a written request for said purpose to
the NEC, clearly indicating its EPR Program Registry Number
and shall present the amendments/supplements in a 3-column
matrix format, where:
Column 1 shall state the original provIsIon sought to be
amended or supplemented. If the amendment involves the
introduction of a new provision, the entry shall be "New".
Column 2 shall state the text of the amended or supplemented
provision or the new provision, as the case may be.
Column 3 shall state the reason for the amendment,
supplement, or new provision.
16.4.2 The NEC shall complete its evaluation of the request within
seven (7) business days from receipt thereof. The focus of the
evaluation is to ensure that the amendatory, supplementary, or
new provisions are compliant with the requirements of the Act,
as amended by the EPR Act of 2022. Depending on the
complexity of the new, amendatory, or supplemental provisions,
the NEC may extend its evaluation period to not more than
twenty (20) business days from the lapse of the original seven
(7) business day period.
If compliant, the NEC shall affix its security marking, assign the
serialized registry number that associates it with the Original
EPR Program Registry Number, and provide a copy of its
evaluation to the Commission. The NEC shall release the
security marked and numbered copy of the request and matrix
upon payment of the fees therefor. If determined to be non­
compliant, the NEC shall return the request with written
information as to the reason/s behind its findings.
16.5 Changes in the Mode of Compliance with the EPR Act of 2022. This Rule
shall govern a situation where an Obliged Enterprise wishes to change its mode of
compliance with the Act, as amended by the EPR Act of 2022.
16.5.1 If an Obliged Enterprise with a duly registered individual EPR
Program wishes to abandon its mode of compliance to join a
Collective or a PRO, it shall submit, in triplicate copies, a written
request to the NEC, submitting its proof of acceptance of
membership in the Collective or the PRO and requesting for the
deactivation of its EPR Program Registry Number.
16.5.2 If an Obliged Enterprise that is a member of a Collective or a PRO
with a Registered EPR Program, withdraws its membership
therefrom, it shall submit, in triplicate copies, a written request to the
NEC, together with:
16.5.2.1 Written Clearance from the Collective or PRO indicating its
conformity to the withdrawal of membership and stating
therein the withdrawing member's plastic packaging
35
footprint per type of plastic packaging waste and status of
the compliance with the targets set under Section 44-F of
the Act, as amended by the EPR Act of 2022, for the
compliance year. The Collective or the PRO shall not
unreasonably withhold or delay the issuance of the herein
required clearance.
16.5.2.2 Compliance with Sections 16.2 and Section 16.3 of this
EPR IRR as an Obliged Enterprise complying individually.
The NEC shall evaluate and process the request and application in
accordance with Section 16.1 of this EPR IRR.
SECTION 17. EPR Compliance Monitoring and Sustainability Collaboration.
17.1. EPR Act of 2022 Compliance Monitoring.
The NEC, in coordination with the Bureau, shall monitor and evaluate the
compliance of Obliged Enterprises, Collectives, or PROs with their respective
EPR programs. The NEC shall submit regular reports to the Commission.
For this purpose, the Bureau, shall formulate and issue the Procedural
Manual on the compliance monitoring and evaluation of EPR Programs and on
the required submission of annual compliance reports by Obliged Enterprises,
Collectives, or PROs in accordance with the last paragraph of Section 44-E and
with Section 44-G of the Act, as amended by the EPR Act of 2022.
17 .2 EPR Sustainability Collaboration.
Pursuant to the 2nd paragraph of Section 44-H of the Act, as amended by the
EPR Act of 2022, the NEC, in consultation with the Commission, the Bureau, the
Obliged Enterprises, the Collectives, or the PROs, shall establish a system or
parameters necessary to make the EPR Act of 2022 compliances effective,
efficient, and sustainable.
These shall include standards, rules, or guidelines for the parameters stated
Section 44-H of the Act, as amended by the EPR Act of 2022, and incorporated as
components of the EPR Program under Section 16.3 of this EPR IRR. The
collaboration shall also identify challenges to overcome and the best practices to
improve the overall implementation of the EPR Act of 2022.
SECTION 18. Compliance Period for Plastic Packaging Recovery Programs.
With the objective of establishing and phasing-in recovery programs that
will achieve plastic neutrality, Section 44-F of the Act, as amended by the EPR
Act of 2022 set the following targets for the recovery of plastic product footprint
generated during the immediately preceding year:
December 31, 2023
December 31, 2024
December 31, 2025
December 31, 2026
December 31, 2027
December 31, 2028
and every year thereafter
Twenty Percent (20%)
Forty Percent (40%)
Fifty Percent (50%)
Sixty Percent (60%)
Seventy Percent (70%)
Eighty Percent (80%)
36
The manner for determining compliance with the targets set for recovery
or offset, and diversion targets are already stated in Section 16.3(c), hereof. The
Bureau shall evaluate the compliance with the applicable targets prescribed
under Section 44-F and with the compliance audit requirements under Section
44-G of the Act, as amended by the EPR Act of 2022.
SECTION 19. Audits. These Rules are issued pursuant to Section 44-G of the
Act, as amended by the EPR Act of 2022.
19.1 Purpose and Scope of Audit.
19.1.1. Obliged enterprises, Collectives, or PROs shall engage an
independent third-party auditor to conduct a compliance audit and
certify the veracity of the reported plastic product footprint generation,
recovery, and overall EPR program compliance using uniform
standards established by the Department.
19.1.2. The scope coverage of the EPR Act of 2022 Compliance Audit
Report or "EGAR" shall include:
19.1.2.1. Footprint Declaration of Obliged Enterprises or their PR Os
for the volume in terms of weight in kilograms of the
Flexible and Rigid plastic packaging brought into the
market for the preceding year. "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
19.1.2.2. Recovery or plastic packaging waste diversion by waste
diverters based on third-party audited diversion or credits
for the recovery, transport, recycling, or treatment or final
SLF disposal during the immediately preceding year.
19.1.2.3. Determination of the equivalent plastic packaging waste
footprint reduction resulting from other EPR programs such
as, the redesign of plastic packaging to improve
reusability, recovery, or recyclability, or the use of refilling
systems to replace plastic packaging that would otherwise
have been introduced to the market, pursued under Section
44-A, subparagraph (a), of the Act, as amended by the EPR
Act of 2022,
19.1.2.4. Confirmation of records, reports, or information, or
particular portions thereof, that the Obliged Enterprise,
Collective, or PRO considers and declares to be
"CONFIDENTIAL". Confidential Information, as herein
defined, refers to such information the public disclosure of
which would reveal trade secrets, production or sales
figures, or methods and processes unique to the
enterprise, or other similar information that tend to
adversely affect its competitive position.
19.1.3. To develop the uniform standards for EPR Act of 2022 auditing and
reporting, the NEC, in close coordination with the Bureau, shall
collaborate with, among others, with the Auditing and Assurance
Council (AASC) of the Philippines to (a) develop and promulgate a
standardized compliance auditing manual for the EPR Act of 2022
and (b) develop and implement the system for the accreditation of
37
EPR Act of 2022 independent third-party auditors shall also be
developed and implemented.
19.1.4. The NEC and the Bureau shall endeavor to have the
aforementioned compliance auditing manual and the accreditation
system approved, adopted and issued by the Department on or
before the September 30, 2023. Information and Education
campaigns shall be implemented immediately after adoption to
ensure that all key stakeholders are ready for compliance audit by
January 2024.
19.2 Management of Confidential Information.
Pursuant to the 2nd paragraph of Section 44-G of the Act, as amended by
the EPR Act of 2022, and as stated in the foregoing Section 19.1.2.4, the
Department, through the Bureau, shall evaluate the confidentiality requested by an
Obliged Enterprise, Collective, or PRO, as confirmed by the independent third­
party auditor. Once the Bureau approves the requested confidentiality, any
unauthorized disclosure of said confidential information shall be dealt with in
accordance with the appropriate administrative or criminal laws, rules, and
regulations.
As such, the Bureau and the NEC shall also exercise prudence and caution
in the management of information, particularly those to which public access is
granted, to avoid or prevent any violation of the approved confidentiality.
19.3 Interim measures for the Compliance Audit
19.3.1. Pending the formal adoption of the uniform standards for
compliance auditing and reporting required by the EPR Act of 2022,
the Obliged Enterprises or PROs shall establish and implement an
accounting, data recording, and auditing system for their respective
EPR Programs, guided by the general scope stated in the
foregoing Section 19.1.2, to monitor and assess their compliance
performance with EPR Act of 2022 and their respective EPR
programs. These systems may also serve as working models for
consideration during the preparation of the uniform compliance
audit standards. These systems may also be subsequently
adjusted to comply with the adopted uniform standards.
19.3.2. The independent third-party auditor to be engaged by the Obliged
Enterprise or the PRO for its EPR Act of 2022 and Program
compliance audit shall not be an officer or employee of the Obliged
Enterprise, nor any of the members of a Collective, nor of the PRO,
nor any of its affiliates.
19.3.3. Pending the issuance of the Rules on the Accreditation of Third­
Party Auditors for EPR Act of 2022 compliance audits, and given
the importance that the EPR Act of 2022 accords to the EGAR,
minimum qualifications of the independent third-party auditor that
shall, in the meantime, conduct the compliance audit and certify the
veracity and accuracy of the EGAR is that the auditor shall be a
Certified Public Accountant, who shall indicate together with its
signature the following information:
19.3.3.1. Certified Public Accountant (CPA) Certificate Number
19.3.3.2. Board of Accountancy/Professional Regulation
Commission (BOA/PRC) Registration Number with date
of issue and of expiration
38
19.3.3.3. Professional Tax Receipt No. with date and place of
issue
19.3.3.4. Tax Identification Number
19.3.4. For the year 2023, and as stated in the foregoing Section 16.3.2,
the EGAR shall also validate the accuracy of the self-declared
volume of plastic packaging waste to be brought into the market,
also known as the plastic waste footprint, and shall include the
EGAR any adjustments thereto. The objective is to render the
2024, and subsequent years, plastic waste footprint volume or
weight, as based on audited and verifiable basis.
19.4 Schedule for the submission of the ECAR and actions thereon.
19.4.1. The deadline schedule for the submission to the Bureau by the
Obliged Enterprise, Collective, or PRO of the EGAR covering the
plastic product footprint generated, recovered, and properly
diverted, for the immediately preceding year shall be on June 30 or
the first working day immediately thereafter of the current year.
To illustrate -
Beqinninq Period Endinq Period ECAR Due date
January 1, 2023 December 31, 2023 July 15, 2024
January 1, 2024 December 31, 2024 July 15, 2025
January 1, 2025 December 31, 2025 July 15, 2026
19.4.2. The Bureau may invite the duly designated officer of the Obliged
Enterprise, Collective, or PRO and its independent third-party
auditor to discuss, clarify, verify, or validate the submitted ECAR.
19.4.3. If the Bureau deems it necessary, it may, at its own expense,
commission the conduct of a verification compliance audit to be
conducted by a similarly qualified independent third-party auditor.
19.4.4. Any person may also initiate proceedings under Section 49(g) of
the Act, as amended by the EPR Act of 2022, before the
Department's Pollution Adjudication Board. Upon
prima facie
evidence of falsification of documents, misdeclaration of generated
or recovered footprint, employment of any scheme to maliciously
evade the responsibility of an enterprise under the EPR Act of 2022
or tamper its compliance with the provisions of Section 44-F of the
Act, as amended by the EPR Act of 2022, the PAB shall hear and
adjudicate the case. Other legal or administrative remedies may be
pursued by the Department in accordance with applicable laws or
regulations.
19.4.5. The ECAR on plastic product footprint generated and recovered by
the Obliged Enterprises shall be made available to the public
through the websites of the Department, the Bureau, the
Commission, and the NEC, subject to the rules on confidentiality
rules under Section 19.2 hereof. Only consolidated aggregated
data or total footprint of all Obliged Enterprises and the percentage
accomplished/offset shall be made available to the public.
39
PART VI: INCENTIVES AND COST RECOVERY UNDER THE EPR ACT OF 2022
SECTION 20. Incentives. Pursuant to Section 7 of the EPR Act of 2022, the
following are the incentives and cost recovery mechanisms:
20.1. Rewards and recognitions, monetary or otherwise, shall be provided to
individuals, private organizations and entities, Obliged Enterprises,
Collectives, and PROs, including non-government or civil society
organizations, that have undertaken outstanding and innovative projects,
technologies, processes and techniques or activities in reuse, recycling,
and reduction, including those that are engaged in the development and
use of environmentally acceptable or preferrable alternatives to plastics.
The Program for Rewards under this Rule shall be included in the budget
proposals of the Bureau and the Department.
20.2. The following incentive schemes provided under Section 7 of the EPR Act
of 2022 shall be available, subject to existing rules and regulation issued by
the responsible government agencies, to encourage LGUs, enterprises, or
private entities, including Obliged Enterprises, PROs, and NGOs, to
develop or undertake an effective solid waste management, including
recovery and diversion of plastic product footprint, or actively participate in
any program geared towards the promotion thereof as provided for in the
EPR Act of 2022.
20.2.1. Fiscal Incentives -
20.2.1.1. Tax incentives - Any provision of law to the contrary
notwithstanding, Obliged Enterprises or PROs acting on
their behalf, and other registered business enterprises
may apply for incentives following the approval process
provided under Title XIII (Tax Incentives) of the National
Internal Revenue Code of 1997, as amended, for eligible
activities: Provided, That such activities shall undergo
the standard processes in the identification of qualified
activities under the Strategic Investment Priority Plan
(SIPP).
20.2.1.2. The EPR expenses of Obliged Enterprises, PROs, and
private enterprises shall be considered as necessary
expenses deductible from gross income subject to the
substantiation requirements for necessary business
expenses deductible from gross annual income in
accordance with Section 34(A)(I) of the National Internal
Revenue Code of 1997, as amended.
20.2.1.3. Tax and Duty Exemption of Donations, Legacies and
Gift. All legacies, gifts and donations to LGUs,
enterprises or private entities, including NGOs, for the
support and maintenance of the program for socially
acceptable, effective and efficient solid waste
management shall be exempt from all internal revenue
taxes and customs duties, and shall be deductible in full
from the gross income of the donor for income tax
purposes. The standard procedures for such
exemptions are contained in the Tariff and Customs
Code, Section 105-106.
40
PART VII: PROHIBITED ACTS, PENAL TIES AND SUITS
SECTION 21. Specific Offenses and Penalties under the EPR Act of 2022.
21.1. Section 8 of the EPR Act of 2022 amends Section 49 of the Act to add
a new Section 49(g), that punishes the following acts and prescribes
the corresponding fines therefor:
XXX
(g) Any Obliged Enterprise that fails to register under Section 44-E or fails
to comply with Section 44-F of the Act, as amended by the EPR Act of
2022,
First Offense not less than Five million pesos (PS,000,000.00) but
not exceeding Ten million pesos (P10,000,000.00)
Second Offense not less than Ten million pesos (P10,000,000.00) but
not exceeding Fifteen million pesos (P15,000,000.00)
Third Offense not less than Fifteen million pesos (P15,000,000.00) but
not exceeding Twenty million pesos (P20,000,000.00)
for the third offense and automatic suspension of
business permit until the requirement of the EPR Act of
2022, is complied with
XXX
In case of failure to meet the targets set under Section 44-F of the Act, as
amended by the EPR Act of 2022, the Obliged Enterprise shall pay the
same fines set above, or a fine twice the cost of recovery and diversion of
the footprint or its shortfall, whichever is higher. The Bureau, in
collaboration with the NEC, shall develop, issue, publish, and regularly
update its methodology for the determination of the cost of recovery and
diversion of the plastic waste footprint or its shortfall.
The penalty shall be imposed whether the noncompliance is the result of
failure to register under Section 44-E of the Act, as amended by the EPR
Act of 2022, falsification of documents, misdeclaration of generated or
recovered footprint, employment of any scheme to maliciously evade the
responsibility of an enterprise under the EPR Act of 2022, or tamper its
compliance with the provisions of Section 44-F of the Act, as amended by
the EPR Act of 2022.
21.2. Jurisdiction over violations of Section 49(g) of the Act, as amended by
the EPR Act of 2022.
The Pollution Adjudication Board (PAB) of the Department shall hear
and adjudicate cases of violations or offenses under Section 49(g) of the
Act, as amended by Section 8 of the EPR Act of 2022 and impose
appropriate fines therefor.
For this purpose, the PAB shall, within one (1) year upon the
effectivity of the EPR IRR, formulate and promulgate (a) its rules and
procedures for the adjudication of cases for acts punishable under the
aforementioned Section 49(g) and (b) its Fine Rating System to define and
prescribe the graduation of imposable fines under the same Section 49(g).
41
Where a Collective or a PROs with a registered EPR Program fails
to meet the compliance targets set for the compliance year under Section
44-F of the Act, as amended by the EPR Act of 2022, it shall cooperate with
the PAB in the identification of its non-performing member-Obliged
Enterprise/s that may be held liable under the provisions of Section 49(g) of
the Act, as amended by the EPR Act of 2022. If the Collective or PRO
refuses or fails to disclose the non-performing member-Obliged
Enterprise/s, all the members thereof shall be liable for the shortfall and
accorded the appropriate penalties.
21.3. Disposition of Fines Collected under Section 49(g) of the Act, as
amended by the EPR Act of 2022.
The Fines imposed and collected by the PAB for violations under
Section 49(g) of the Act, as amended by the EPR Act of 2022, shall be
deposited into the EPR Special Fund to be created pursuant to Section
16.1.2. of this EPR IRR.
PART VIII: APPROPRIATIONS, BUDGET, REQUIREMENTS, AND ORGANIZATIONAL
ADJUSTMENTS FOR THE EPR ACT OF 2022
SECTION 22. Annual Budget. Pursuant to Section 10 of the EPR Act of 2022,
and subject to the applicable rules, regulations, and guidelines of the Department of
Budget and Management, the Department shall, in collaboration with the Commission,
the National Ecology Center, and the Bureau, include the sums necessary for the effective
implementation of the EPR Act of 2022 in its annual budget proposals under the General
Appropriations Act.
SECTION 23. Expenses of Obliged Enterprises. Obliged enterprises and/ or
their respective Collectives or PROs shall be responsible for the funds necessary to
operationalize and maintain the EPR programs, in compliance with the Act, as amended
by the EPR Act of 2022, and this EPR IRR.
SECTION 24. Organizational Adjustments and Other Requirements. To
ensure the effective and efficient implementation of the EPR Act of 2022, the Bureau and
the NEC shall immediately prepare and submit to the Department the following additional
proposals for its disposition and/or endorsement to the appropriate government agencies
for disposition and action.
24.1. Data and Information sharing to assist the Department and the Bureau in
the identification of large enterprises, including importers, that are required
to register as Obliged Enterprises under the EPR Act of 2022. The
Bureau shall define data or information to be requested from other
government agencies, such as, the Department of Finance, Bureau of
Customs, Bureau of Internal Revenue, Securities and Exchange
Commission, or the Philippine Statistics Authority.
24.2. Development of Environmental Law Compliance Auditing Standards and
Sustainability Reporting tools as mandated by the environmental laws of the
Philippines, and not otherwise covered by the EGAR as herein defined.
24.3. EPR Act of 2022 capacity development or enhancement trainings for the
Commission, its NEC, the Department, the Bureau, and other government
and private sector stakeholders, to be endorsed to the NEDA and
Development Partners and/or offered by way collaboration to industry or
sectoral groups including learning or training institutes.
42
24.4. Organizational adjustments to the Bureau, its Regional Offices, the NEC,
and the DENR-PAB Secretariat to identify and define the additional
personnel, with corresponding positions, job descriptions, and
qualifications, required to ensure the effective and efficient EPR Act of 2022
compliance assistance to stakeholders, and compliance monitoring,
evaluation, and enforcement. The Department shall endorse this proposal
to the Department of Budget and Management (DBM) and to the Civil
Service Commission (CSC).
24.5. Conduct of a Cost-Of-Service Review and Analysis to determine the
reasonableness of fees and charges that are currently being imposed or
that may be imposed to ensure that the Bureau's Data Centers, EPR
Portals, and other environmental management and monitoring tools are
self-sustaining and graduate out of budget dependency for operations and
maintenance.
24.6. Other priority activities requiring congressional, inter-agency, development
partner, or budgetary support and assistance.
PART IX: CONGRESSIONAL OVERSIGHT AND MANDATORY REVIEW
SECTION 25. Joint Congressional Oversight Committee. Pursuant to Section
12 of the EPR Act of 2022, there is hereby created a Joint Congressional Oversight
Committee to monitor the implementation of the Act and to oversee the functions of the
implementing agencies. The Committee shall be composed of five (5) Senators and five
(5) Representatives to be appointed by the Senate President and Speaker of the House
of Representatives, respectively. The Oversight Committee shall be co-chaired by the
Chairpersons of the Committee on Environment, Natural Resources and Climate Change
of the Senate and the Committee on Ecology of the House of Representatives."
SECTION 26. Mandatory Review. Pursuant to Section 9 of the EPR Act of 2022,
within five (5) years after the effectivity of the EPR Act of 2022, or as the need arises,
Congress shall review the accomplishments, and impact of the EPR Act of 2022, as well
as the performance of its implementing agencies, and the compliance of Obliged
Enterprises to achieve the objectives of the EPR Act of 2022, for the purpose of
determining the necessity of a remedial legislation mandating for more stringent footprint
recovery targets, higher incentives, or phase-out of certain types of single-use plastic
packaging.
PART X: FINAL PROVISIONS
SECTION 27. Separability Clause. If any provision of this Order shall be held
invalid or unconstitutional, the other portions or provisions hereof which are not affected
shall continue in full force and effect.
SECTION 28. Repealing Clause. All Orders and other similar issuances
inconsistent herewith are hereby revoked, amended, or modified accordingly.
SECTION 29. Effectivity. This Order shall take effect fifteen (15) days after its
publication in a newspaper of general circulation and upon acknowledgment of the receipt
of the copy thereof by the Office of the National Administrative Register (ONAR).
Publicatiom: The MaJti.la Times
Daily Tribune
February 02, 2023
Acknowledgeaeat: ONAR, U.P. Law Ce~ter
February 03, 2023
l1l-a
11iiii m1mri1mrm~11 SENR063785
43
I
Annex A
Appendix 1
Republic Act No. 11898, otherwise known as "An Act
Institutionalizing The Extended Producer Responsibility On Plastic
Packaging Waste, Amending for this purpose Republic Act No. 9003,
otherwise known as the "Ecological Solid Waste Management Act of
2000", also known as by its short title as the "Extended Producer
Responsibility Act of 2022"
Illustration of the EPR Registration Process
EPR Registration Process
Incomplete Non-Compliant
OBLIGED
ENTERPRISES,
Application and
EPR Program
NEC Evaluation of
>-...,.~ EPR Program COLLECTIVES, ..,_. ______ .c
and PROS Complete. Order
of Payment
(20 BDs)
I
Proof of Payment ___ _... of EPR Fees i-------
Compliant. NEC EPR
Registry No. and Security
Markings
CTCto EMB
Regional Office
Endorsement
toNSWMC
44