THE legal criteria for extended producer responsibility (EPR) came into effect in May 2021 and aim to ensure that producers are accountable for the whole life cycle of the products they market and sell, from conception to post-consumer waste disposal.

In South Africa, these producers are defined under the EPR regulations to include the full value chain: From manufacturers, converters, and refurbishers to importers and brand owners.

Any persons or category of persons involved in the commercial manufacture, conversion, refurbishment, or import of any new or used EPR items fall under this category.

Manufacturers and importers of packaged goods also fall under the definition of “producers” of packaging materials and will be impacted.

The onus now also falls on producers

According to spokesperson for the producer responsibility organisation (PRO) Circular Energy NPC, Patricia Schröder, this decision is a game changer.

“Before the passing of the EPR regulations, the public, including local governments and businesses, bore the full financial burden and responsibility of waste collection and disposal,” she explains. “These regulations return the onus of responsibility to the producers of electric and electronic equipment, lighting and light equipment and paper, packaging, and single-use goods. They must be accountable for a product’s whole lifespan.”

Schröder elaborates that it is intended that by making manufacturers financially and/or operationally accountable for their end-of-life products, more waste will be kept out of landfills; and more recycling and other circular economy initiatives will gain traction.

“The producer of electrical or electronic equipment, lighting and lighting equipment and paper and packaging must be either the brand owner of the items using the packaging, the retailer in the case of house brands, or the Importer of the goods contained in the packaging, according to international best practice. As it engages all stakeholders at every level of the packaging value chain, this innovative strategy might be a workable means to move towards sustainable waste management and a Circular Economy.”

With the development of the 2023 EPR plans underway, Schröder explains that the focus now falls on the submissions and ability of the PROs to meet the legal requirements.

“It is now mandatory for producers to register with the Department of Forestry, Fisheries and Environment (DFFE) on their website and ensure that all recognised products are covered by an appropriate EPR Scheme.”

PROs can assist in reducing the administrative workload

She explains that producers must also comply with the following options: they must join an existing PRO, or create and submit an independent EPR scheme, (the November 5, 2021 deadline for this has already passed) to DFFE for their electrical and electronic products, lighting and lighting equipment and packaging.

“Joining a PRO is very beneficial, as it can help producers be compliant through its take-back scheme,” Schröder says. “In order to ensure that their producer members are fulfilling their legal obligations under the EPR regulations, PROs can offer them the advice and services necessary.”

In addition, she emphasises the interests of the various sectors should be safeguarded to enable the entire take-back scheme to be both effective and affordable for producers. This entails meeting all legal requirements in accordance with best practice principles.

“It will be the responsibility of the PRO to drive sector-based waste minimisation programmes, manage financial arrangements for funds to promote the reduction, re-use, recycling and recovery of waste; drive awareness programmes and innovate new measures to reduce the potential impact of products on health and the environment.”

Schröder sums up the PRO’s primary goals as follows:

Using a compliant effective and efficient system while adhering to stringent governance principles
Promoting and putting the concepts of the circular economy into practice
Contributing to the Sustainable Development Goals to make a real difference in the world
Caring for the environment with a multifaceted, best practice strategy

“The PRO will be in charge of leading sector-based waste minimisation programs, managing financial arrangements for funds to support waste reduction, re-use, recycling, and recovery, and developing innovative solutions to lessen potential effects of products on human health and the environment,” she concludes.