EPR
EPR REGULATIONS AN ONGOING COMMITMENT
For many years, recovery and recycling have largely been voluntary; however, with South Africa’s new extended producer responsibility (EPR) regulations, all producers are now mandated to participate in recovery schemes.
T
he new mandator y EPR regulations, published by the Depar tment of Environment, Forestr y and Fisheries (DEFF) in November 2020, now require producers to take financial and physical responsibility for their products and to ensure that consumers can reuse, recycle and repurpose products with greater ease. This means that producers are responsible for their products until the post-consumer stage of that product’s entire life cycle. All existing producers of EPR products are required to register with the DEFF (draft EPR Regulations, reg. 4(1)) and to develop and implement an EPR scheme or join another scheme (reg. check the relevant clause on the final notice published on 5 November (1)).
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FEBRUARY 2021
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The EPR Regulations prescribe: general scheme str ucture • t he and responsibilities • t he minimum requirements and operational criteria • financial arrangements for an EPR scheme • the appropriate monitoring, repor ting and evaluation criteria for the scheme (regs 5 to 8; check latest regs). It also requires producers to report on progress made towards the collection and recycling targets specified per packaging material and format in the regulations. Shabeer Jhetam, executive director at Packaging SA, says the regulations will go a long way in calling to order those who have not been funding or running their own recover y schemes.
“The days of free-riders are over; it’s time for ever yone to take ownership.”
Much-needed amendments Although the paper and packaging industr y agrees that this is a significant step for ward in addressing the pollution crisis in South Africa, Jhetam says some amendments need to be made to current regulations in order to ensure success. “We are not only looking for ward to working with government but believe that EPR regulations are a positive development. However, there are certain requirements in the regulations that are simply impossible to comply with.” Therefore, Packaging SA, together with other industr y bodies – namely Business Unity SA, the Consumer Goods Council and the lighting and electronics waste industries – approached Minister Barbara Creecy and her team at the DEFF regarding proposed amendments to be made within the current regulations. Jhetam explains that they have identified several key issues they have discussed with the minister and her department. Some of the regulations they believe need some adjust/clarifying include: 1. Unpacking the definition of a ‘producer’ 2. O bligations of producers vs producer responsibility organisations (PROs)
