Global Extended Producer Responsibility Regulations

• Extended Producer Responsibility (EPR) regulations mandate producers (e.g., brands, manufacturers, distributors) of products or packaging materials to manage and finance the collection and recycling of post-consumer waste.
• Global Extended Producer Responsibility regulations are on the rise. Staying ahead of the evolving compliance landscape will require real-time data and insights of your waste steams, indirect and direct suppliers, and recycling programs.
• Implementing traceability initiatives to the last mile can audit-proof your supply chain with evidence of the quantity of recycled materials and payment incentives to recyclers for EPR compliance.

The traditional, linear economy - following a take-make-waste approach - has significantly increased plastic pollution and climate change. Alarming projections indicate that global plastic waste is expected to triple by 2060. Adopting a circular economy, which aims to maximize resource utilization and minimize waste, plays a vital role in preserving our planet.

Extended Producer Responsibility (EPR) regulations have taken center stage in facilitating a circular economy. These regulations, which hold producers accountable for the waste management of their products, are transforming how businesses operate worldwide. In this blog post, we'll delve into the world of EPR. We will examine the pioneering countries that have embraced policies and regulations and how your company can stay compliant.

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Extended Producer Responsibility: What It Is & How It Impacts Your Business

Let's start with the basics: What is Extended Producer Responsibility (EPR)? In simple terms, EPR is a regulation that shifts the responsibility for managing post-consumer waste from the government or communities where the waste ends up, to the producers of products or packaging materials. These producers (e.g., brands, manufacturers, distributors) are then responsible for the entire lifecycle of their products, including collection, recycling, waste management, and proper disposal.

Responsibilities under the EPR scheme include:

• Design: Producers are tasked with designing and producing environmentally sustainable products. This includes minimizing hazardous materials, optimizing resource efficiency, and ensuring that products are easily recyclable or reusable.
• Stakeholder collaboration: Additionally, producers are responsible for establishing post-consumer waste collection and recycling systems. This involves setting up take-back programs and collaborating with recycling facilities such as Producer Responsibility Organizations (PROs) for managing waste.
• Financing: Under EPR, the onus of financing a product's end-of-life disposal is placed on producers rather than public budgets or voluntary contributions. Producers pay all or part of the cost of collecting, sorting, transporting, reusing, and recycling waste products.
• Traceability: By implementing supply chain traceability initiatives to the last mile, producers can capture verifiable data on waste streams to report on EPR compliance accurately.

EPR schemes offer benefits to businesses, local economies, and the environment. These regulations create recycling opportunities, leading to local job creation and economic growth. By internalizing end-of-life management costs, producers are incentivized to adopt sustainable practices, potentially saving costs through material recovery and reuse. Furthermore, EPR schemes enhance producers' reputations as environmentally responsible, improving brand image and consumer trust.

Global EPR Regulations & Policies

Several countries have embraced EPR schemes and implemented legislation or guidelines for producers. Continue reading for a TL;DR (too long; didn’t read) look at current and future EPR regulations worldwide so your business can stay informed and compliant.

Europe

Textile EPR Scheme

TL;DR

• In July 2023, the European Commission proposed regulations mandating standardized EPR schemes for textiles across all EU member states. This proposal is an amendment to the Waste Framework Directive. It will hold producers accountable for the financial and operational management of textile waste caused by their products. 

Who does it affect?

• Textile producers of household, apparel and clothing accessories, and footwear products in EU Member States.

How can your company comply? 

• Design durable, recyclable, and reusable textile products by considering the entire product lifecycle, including raw material sourcing, manufacturing processes, and end-of-life management.
• Establish partnerships with PROs to develop efficient collection, sorting, and recycling systems.
• Implement supply chain traceability initiatives to monitor and report on EPR compliance. Examples include capturing data on the volume of recycled textile waste and the percentage of recycled content used in your products.
• Adopt a circular business model that promotes the reuse, repair, refurbishing, and recycling of textile products, such as partnering with second-hand retailers.
• Encourage consumer participation in take-back programs and other recovery efforts.

Waste Electrical and Electronic Equipment (WEEE) Directive

TL;DR

• The Waste Electrical and Electronic Equipment (WEEE) Directive, established in 2003 and revised in 2012, sets national targets for the collection, recovery, and recycling of various battery- or electric-powered products. This Directive operates under the EPR framework, placing the responsibility for waste management on manufacturers and distributors.

Who does it affect?

• Manufacturers (importers & exporters) producing Electrical and Electronic Equipment (EEE) for EU member states.
• Brands & e-commerce businesses selling EEE in EU member states. 

How can your company comply?

• Register with a national WEEE authority and submit regular reports regarding the weight of EEE placed on the market and the quantity and categories of WEEE separately collected.
• Optimize your product design to minimize waste, hazardous materials, and environmental harm at the disposal stage.
• Partner with a PRO or take-back operator to assist with the collection, recycling, and recovery targets as outlined by the WEEE directive.
• Provide clear and visible labels on EEE products (including the crossed-out wheelie bin) informing end-users where and how they can return their waste for recycling and take-back programs.
• Implement a robust traceability system for tracking and verifying the journey of your electronic products from production to disposal, enabling accurate reporting.

Packaging & Packaging Waste Directive

TL;DR

• The Packaging and Packaging Waste Directive, revised in November 2022 and to take effect in late 2024, sets harmonized national measures to prevent packaging waste, promote reuse and refill, and ensure all packaging is recyclable by 2030. 

Who does it affect?

• EU-based packaging producers, importers, and distributors. 

How can your company comply? 

• Establish supply chain traceability initiatives to verify the percentage of recycled content used in your packaging and monitor waste management programs. 
• Implement a digital product passport to clearly inform supply chain actors and consumers on the recyclability, reuse, and disposal instructions of your packaging.  
• Establish partnerships with recycling organizations, such as a PROs, to develop efficient collection and waste management systems.
• Set up deposit return schemes for plastic bottles and aluminum cans to facilitate refill and reuse. 

United States & Canada

‍US State-Level EPR Regulations

TL;DR

• EPR laws in the United States are gaining traction, as eleven states proposed EPR packaging regulations in 2023. Additionally, four states (California, Colorado, Maine, Oregon) have successfully passed EPR packaging bills. EPR compliance will differ depending on the state and specified targets. 

Who does it affect?

• Brands, importers, and distributors of relevant packaging products conducting business in enforcing states. 

How can your company comply? 

• Prioritize developing and manufacturing products designed for durability, recyclability, and minimal environmental impact.
• Support waste management efforts with a certified recycling organization, such as a PRO, to ensure that all end-of-life product management processes align with state-specific EPR laws. 
• Enhance your packaging's traceability with reliable software that captures verifiable data from cradle-to-cradle. Doing so enables accurate reporting on your packaging's recyclability to auditors, supply chain actors, and consumers.

Canada EPR Regulations

TL;DR

• 200 EPR programs (mandatory and voluntary) covering 30 categories of materials across 10 Canadian provinces exist today. Currently, there are no federal EPR regulations. However, the government published the Canada-Wide Action Plan for EPR to encourage greater support and harmonization. 

Who does it affect?

• Brand owners, first importers, or manufacturers producing affected materials under province-specific EPR regulations. 

How can your company comply?

• The first step in ensuring compliance is staying informed on the specific EPR regulations enacted in your province. This will help you align your recycling efforts with established requirements. 
• Secondly, partner with certified waste management organizations for assistance with waste collection, recycling, and safe disposal. 
• Lastly, invest in traceability software to track the volume and percentage of recycled materials in your products and provide stakeholders (e.g., consumers, suppliers, auditors) with verifiable data on sustainability.

South Africa

National Environmental Management Waste Act (NEMWA)

TL;DR

• On May 5, 2021, EPR was mandated in South Africa through Section 18 of the National Environmental Management Waste Act (NEMWA). This regulation establishes stringent targets and requirements for packaging producers to fund waste collection, sorting, and recycling.

Who does it affect?

• Brand owners, retailers, or importers of packaging in South Africa. 

How can your company comply? 

• Register with the Department of Forestry, Fisheries and Environment.
• Establish an independent EPR scheme or join a PRO. 
• Implement a reliable supply chain traceability software to track waste streams, gain visibility into the informal waste sector, identify indirect suppliers, and provide incentive payments to waste reclaimers.

Asia

Singapore Resource Sustainability Act

TL;DR

• On September 4, 2019, the Singapore parliament passed the Resource Sustainability Act. This regulation sets targets for producers to manage and report on various waste types, such as e-waste, food waste, and packaging waste. Additionally, this act establishes an EPR framework for electrical and electronic waste producers.

Who does it affect?

• Manufacturers or importers placing regulated electrical and electronic products on the Singapore market. 

How can your company comply? 

• Register with the National Environment Agency (NEA) and stay informed on compliance requirements.
• Become a member of the licensed Producer Responsibility Scheme (ALBA E-waste Smart Recycling Pte Ltd) for collection, proper treatment, and recycling of regulated consumer e-waste.
• Maintain accurate records on the weight and number of regulated e-waste products supplied in Singapore. Establishing robust traceability software can back your reports with verifiable data on waste streams. 

India Plastic Waste Management Rules

TL;DR

• India's Plastic Waste Management Rules, introduced in 2016 and amended in 2022, embody the principles of EPR. These regulations mandate that plastic packaging producers to contribute to managing waste generated from their products. Moreover, the rules state the need for explicit labeling about the recyclability of plastic products.

Who does it affect?

• Producers, importers, and brand owners of plastic packaging products in India. 

How can your company comply? 

• Register on the online centralized portal developed by the Central Pollution Control Board (CPCB) and provide an action plan for EPR targets. 
• Maintain accurate records on the quantity of plastic packaging material purchased or supplied. 
• Submit annual reports to specified government agencies on the plastic packaging waste collected. Implementing supply chain traceability software can audit-proof your reports with real-time, geo-located data. 

South America

Chile Law 20920 

TL;DR

• On June 1, 2016, Law No. 20920 was published in the Official Gazette. This law establishes a framework for waste management, EPR, and recycling promotion. Targeted products include lubricant oils, electric and electronic devices, batteries, containers and packaging, and tires.

Who does it affect?

• Brand owners, distributors, resellers, or importers placing priority products on the market in Chile. 

How can your company comply? 

• Implement eco-design in production to optimize your products' resource efficiency, durability, and recyclability. 
• Join a certified recycling organization, such as a PRO, to help manage waste collection, storage, transportation, and treatment of priority products. 
• Complete annual reports on waste management targets to specified government agencies. Establish robust traceability initiatives at the last mile to back your reports with geo-located, real-time data. 
• Efficiently label priority products with clear disposal and recycling instructions for supply chain actors and consumers (e.g., a digital product passport). 

Colombia Resolution 1407

TL;DR

• The Ministry of Environment and Sustainable Development introduced Resolution 1407 in 2018, subsequently revised in 2020 through Resolution 1342. This legislation establishes an EPR framework obligating producers to collect and process a minimum of 10% of the products they place on the market. The targeted products include containers and packaging, specifically paper, paperboard, plastic, glass, and metal.

Who does it affect?

• Manufacturers, importers, and brand owners placing specified packaging products on the Colombian market. 

How can your company comply? 

• First, stay informed on requirements and updates to EPR resolutions to align your recycling efforts with set targets. 
• Second, join a PRO or certified recycling organization to support waste collection, recycling, reuse, and safe disposal. 
• Lastly, invest in traceability software to track the volume of recycled packaging materials at the last mile. This will provide your company with data-backed evidence on waste management initiatives, enabling accurate reporting to auditors and consumers.

Streamline EPR Compliance with BanQu

To stay ahead of the ever-changing EPR landscape, implement a globally experienced supply chain traceability software. BanQu is an advanced supply chain traceability and compliance platform that equips your company with source-level data to report on EPR requirements accurately. With BanQu, you gain visibility of indirect suppliers and the informal waste sector, so you can eliminate uncertainties and manage waste streams. Additionally, our proprietary blockchain technology is the only traceability solution that provides SMS payment confirmations for incentive payments to waste collectors so that you can prove your compliance down to the last mile. Are you curious if BanQu is right for your business? Schedule a call with our expert team today!

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