EPR has emerged as a promising strategy and solution to the current waste crisis in most countries, and producers and importers are being made aware of this.
However, it’s become more complex than expected. There is an ongoing debate about whether EPR should be a policy or a voluntary program.
Don’t worry; this article will help clear that debate
So, is EPR a policy?
Yes, it is. EPR is a policy tool that holds producers accountable for the entire life cycle of their products, from design to end of life. It shifts the burden of waste management from municipalities to producers, encouraging them to reduce the environmental impact of their products.
This article will explore the EPR policy, why it matters, and what makes it a crucial policy. Let’s get started!
What Makes EPR a Policy?
EPR is a way of transferring the responsibility for waste management from the end consumer to the producers. Under EPR, as a producer, you are held responsible for the entire life cycle of their products, including managing the waste generated and ensuring proper recycling, treatment, or safe disposal.
What distinguishes EPR as a policy is its formal and legal framework adopted by governments to regulate producer behavior and ensure they take responsibility for the environmental impact of their products.
This policy is typically implemented through legislation or regulations that define specific requirements and targets for producers. For example, in some countries, producers must pay a fee for each unit of product they put on the market. These fees are then used to fund recycling and disposal programs.
Now, let’s break it down further. EPR has a few key features and principles that make the policy tick.
Producer responsibility: Producers are responsible for the end-of-life management of their products, either physically (by taking back or collecting their products) or economically (by paying for waste management costs).
Internalisation of external costs: Costs of waste management, such as collection, sorting, recycling, and disposal, should be included in the price of the product rather than being subsidized by public funds or consumer fees.
An incentive for innovation and design: Producers should have the motivation to design more durable, reusable, and recyclable products and to develop new solutions or improve existing ones to reduce the environmental impact of their products.
This seems like a burden on producers and is probably why some producers feel EPR shouldn’t be a policy. So, let’s clear up some common misconceptions before discussing products affected by this policy and how they are implemented in various countries.
Common Misconceptions about EPR
EPR Only Applies to Household Packaging
This is not true. EPR policies also encompass non-household packaging, such as primary or shipment packaging not directly supplied to individual consumers. Producers must declare and report non-household packaging, even if they don’t pay EPR fees for it.
EPR Fees Give Local Authorities a Blank Cheque
EPR fees are intended to cover the efficient and effective delivery of waste collection services, not the entire or excessive waste management costs. Local authorities must meet certain performance indicators and standards, such as collection rates or recycling quality, to receive EPR fees.
EPR Replaces Packaging Subject to the Plastic Packaging Tax
The Plastic Packaging Tax and EPR are complementary policy measures targeting different product life cycle stages. While the Plastic Packaging Tax focuses on encouraging circularity in plastics during production, EPR aims to improve the waste management of all household packaging at its end of life. However, Some packaging may be subject to both policies.
How is EPR Policy Implemented
Like every other government-regulated policy, EPR also differs in countries. The policy implementation depends on the product type, the ambition level, and the existing waste management system.
In general, EPR policy requires producers to pay a fee and register with a compliance scheme, gaining a certificate of registration as proof. Producers also need to keep track of the quantities of goods in relevant EPR categories they place on the market and report this to a government-appointed compliance scheme.
Let’s take a look at a few countries with specific EPR Policies in Place
|
compliance requirement |
Policy Effective Date |
What are the consequences of failing to implement compliance |
|
Germany |
2022/12/31 |
The products will not be sold on the German market and may face fines of up to 200,000 euros. |
|
France |
2023/1/1 |
The fine for non-compliance for natural persons is €1,500 per unit or tonne. |
|
Austria |
2023/1/1 |
The products will not be sold on the Austrian market and may face fines of several thousand euros. |
|
Spain |
2023/1/1 |
From 16 January 2023, customs clearance will not be possible without a WEEE/battery registration code. |
|
Sweden |
2023/1/1 |
The products will not be able to be sold on the Swedish market and will incur environmental sanction fees, the |
|
Italy |
2023/1/1 |
Decree No. 116 of 3 September 2020 obliges participants in the supply chain to print labels on packaging materials. |
What do I need to be compliant with EPR?
To be EPR (Extended Producer Responsibility) compliant, you must fulfill certain requirements and obligations as a producer or manufacturer. This compliance can vary depending on the jurisdiction and the product category, but here are some general guidelines:
Understand the EPR regulations: Familiarize yourself with the EPR regulations applicable in your jurisdiction. These regulations outline the specific requirements and obligations you need to meet. Research the legislation, guidelines, and directives related to EPR for your product category.
Registration and reporting: Producers must register themselves and their products with the relevant regulatory authorities. This registration process may involve providing information about the products you manufacture, import, or distribute, including their composition, packaging materials, and quantities. Additionally, you may need to submit periodic reports on the quantities of products placed on the market and the waste management activities undertaken.
Financial obligations: EPR often involves financial responsibilities for producers. You may be required to contribute to or finance the collection, recycling, or disposal of the products you place on the market. This can include fees, levies, or contributions to dedicated EPR systems or programs.
Design for recyclability: EPR encourages product design that facilitates recycling and reduces environmental impacts. Review your product design to align with recyclability, material efficiency, and waste reduction principles. Consider using eco-friendly materials, minimizing hazardous substances, and designing for disassembly or recycling.
Waste management partnerships: Establish partnerships with authorized waste management organizations, recycling facilities, or service providers. Ensure that your products are collected, treated, and recycled by authorized entities who comply with applicable regulations.
Labeling and information provision: Comply with labeling requirements specific to your jurisdiction. This may include providing information to consumers about recycling options, instructions for product disassembly, and proper disposal methods.
Stay updated: EPR regulations and requirements can evolve over time. Stay informed about any updates or changes in the legislation related to your product category. Engage with industry associations, trade organizations, and regulatory authorities to stay involved in discussions and contribute to the development of EPR policies.
Who is Affected By EPR Policies
Producers of Packaged Goods: If you supply packaged goods to the UK and European market under your own brand, you are considered a producer under EPR regulations.
Importers of Packaged Products: As an importer, you have similar responsibilities to producers regarding the management of packaging waste. You need to ensure compliance with EPR requirements, register with a packaging compliance scheme, and fulfill reporting obligations related to the packaging you import.
Online Marketplace Operators: While the exact requirements can vary, online marketplace operators are increasingly also held accountable for the environmental impact of the products sold on their platforms. This involves ensuring compliance with packaging waste regulations or collaborating with producers and importers to address packaging waste management.
Owners of Reusable Packaging: Packaging, such as pallets, crates, or containers, falls within the scope of packaging waste regulations.
Suppliers of Empty Packaging: If you supply empty packaging, such as containers or packaging materials, you have obligations under EPR policies. The specific requirements can vary, but you may be required to consider the recyclability or environmental impact of the packaging you supply and collaborate with the relevant stakeholders to ensure proper waste management.
To Conclude
Extended Producer Responsibility (EPR) is more than just a policy—it’s a step towards a more sustainable future. By holding producers accountable for the entire lifecycle of their products, EPR encourages you to prioritize environmental considerations from the design phase to disposal.
While the cost of implementing EPR programs can vary, it’s important to recognize that the long-term benefits outweigh the initial investments.
